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Abroad during the I-765 petition

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  • Abroad during the I-765 petition

    Hi,
    First I have to apologize for my bad English ... I understand it quite well, but I have little practice in talking and writing.

    I would be glad if you could answer my questions.

    My wife has a H1B visa and lives in the USA. I have an H4 visa, but I live in Germany.
    My wife's employer would like to sponsor a green card. I will be included in the petition as a dependent person (husband).

    As far as I know, the I-485 and the I-765 petition (EAD for me) can be submitted together. This I-765 petition will be processed within 90 days.

    My questions: I have found different informations on whereabouts during the I-485/I-765 petitions. Some say that I must be in the US at this time. Other statements say that I can be in Germany at this time, because my H4 visa also allows traveling, so i dont need an AP. Since a move means a lot of work, it would be good if I could use these 90 days for the preparation.

    Can someone tell me whether I need to be in the USA or whether I can be in Germany?

  • #2
    I485 stands for Adjustment of Status i.e., you are adjusting your status from A to B while in the US. When you are out of US you do not have a status, and hence no adjustment of status. To sum it up, you need to be in the US to file for AOS. You can travel after the application in some cases, but in order to file I485, you have to be in the US. The other route is what is referred to as consular processing, which gives you an immigrant visa to the US, which can be done in your home country.
    Just an opinion; Not legal advice.

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