I am currently in the US on an H-1B status, and I also have a pending I-485 based on my approved EB-5 I-526. I recently got married and my wife is coming to the US on an H-4 visa. Can we file her I-485 after she arrives in the US? If not, do I need to wait to get my I-485 approved and proceed with an I-130 for my wife?
Answers
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyAbsolutely, you can file an I-485 for your spouse once she is in the U.S. in a legal nonimmigrant status such as H-4.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyUnless your visa number - Final Action Date has retrogressed, she can file immediately upon arrival.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyMost likely. Depends on when the marriage took place.
Dennis Tristani
Find an EB-5 Visa Lawyer: Immigration AttorneyYour spouse can file Form I-485 immediately after her arrival in the U.S. She can also file forms I-765 for an EAD and I-131 for advance parole concurrently.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyIf the visa is available, she should file to adjust as soon as she arrives.
Mitch Wexler
Find an EB-5 Visa Lawyer: Immigration AttorneyShe can file anytime after entry as long as the priority date is still current.
Carolina Kripinski
Find an EB-5 Visa Lawyer: Immigration AttorneyYou can apply for your wife 3 months after she enters the USA. Not before!
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