Adjustment of status for spouse

[har_rai]

Hello All:

I applied to 1-140 and I-485 August 2007 when everything was current for one month. I got married in december 2007 so I was not able to apply for my wife. Now I got EAD and I-140 approved in 8 months.

What will happen if my 485 gets approved.Does my wife need to go back to INDIA and has to wait couple of years to come back again as she will be in
family based visa group (priority date for this for Indians is around year 2000).

I heard I have to wait for 5 years for my spouse to come back to US.

Or does she come in family based visa?because I got married when my 485 is in process.(not approved yet).

Thanks

[txh1b]

What is your PD? This is how it works.

• First your PD has to be current for your GC/485 to be approved.

• If your PD is current, you can add your spouse as a derivative and file her I485 immediately without any delays.

• Once filed, she can remain in the US even if your GC is approved while hers is pending. That is not the case and will get approved soon as derivative gets to keep the PD of the sponsor.

• If you delay her filing, then there is a chance for your GC to be approved and then she has to leave the US and wait for CP for a long long time.

[har_rai]

Adjustment of status for spouse

Hi:
thanks for the reply.

My PD is July 1,2007. U r right in that I have to wait until my PD becomes current for my wife to apply.But the way it is going right now I am wondering that I might get my 485 approved before my PD becomes current.

if this happens then what are the chances for my spouse to apply for 485.

thanks again

[txh1b]

485 cannot be approved when a visa number for the PD is not available. There have been few cases. If it happens, you are screwed or your wife can try for some other status like F1/H1 now.

BTW, for your PD, you can be worry free for another 5 years.