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Posted on 19 Dec 2008
Q.

adding spouse to I 485 (EB2/AOS)

My employment based I 485 is pending since July 2, 2007 (PD: 12 July 2006/ India/ AOS). I got married on October 10 , 2008. My wife is currently on H1.

1. My lawyer told me that I cannot add my wife to pending I 485 now and must wait for my Priority Date to become current. Is that true ?

2. What are my options if I get my green card approved before I could add my wife to my pending application ?

3. What would be the priority date for my wife's application ? How/When will her I 485 application be processed ?

4. Will My wife get EAD/AP once I 485 is filed ? Does she need to maintain empoyment after filing I 485 ?

5. Can she choose to file I 485 as AOS applicant. Which means she can get her Green card while in US and need not travel outside US. Please advice.

User's Location: Santa Clara, California, United States of America
Category: Employment-based Green Card
Posted on 19 Dec 2008
A.
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User_thumb_31_Photo_James_Mayock

James R. Mayock
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111

www.emvisa.com

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