Can I file AOS(I-485) for my wife?
I am currently on H1 visa in united states. My greencard application is currently under progress. My wife is in my home country and she doesnt have a valid visa to come to united states.
I am plannin to file I-485 for myself as well my wife.,
Questions:
1. Doest my wife need to be physically present in USA to file for I-485?
2. If not, can my wife go through medical examination required for AOS in my home country?
3.What if I file for my I-485 right now, and my wife joins me lets say after a year or so on H4, can she apply for I-485 then? What if the dates retrogress, can she still apply if my priority date is not current?
4. If I file for I-485, can my wife get H4 visa?
Thanks in advance.
Answer:
Even after you receive your green card, you will not be able to request an adjustment for your wife. In the first place, an I-485 is a request to change from a nonimmigrant to an immigrant status while the applicant is in the US. Since she is not in the US, this is impossible. More important you would have to be a US citizen. As the wife of an LPR, she will face a backlog of applications for immigrant visas that is about five years long; she would only be allowed to adjust if she were in the US legally AND she could have received a visa immediately.
In answer to another of your questions, once you receive your green card, your wife cannot apply for an H4 visa. She can only have an H4 if you have an H1, but you will have surrendered your H1 status in exchange for the green card.
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