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Posted on 10 Aug 2010
Q.

Is it ok to apply for I-485 without spouse

I am EB2-ROW ready to file I-485/I-140 concurrently. My spouse is on F1 and 2 years ago, she worked off-campus for 2 years without authorization using her social security number. She was never caught and she is still in F1 status. She has been so scared that she has not left the US since then. Now I am thinking of adjusting my status without her as I am afraid that USCIS will find out and deport her. I plan that if all goes well, once I become a citizen in 5 years, then she can apply as a US citizen spouse, since such violations are overlooked for spouses of US citizens. Is it safe for me to apply alone? Will USCIS be suspicious if I apply alone? If she applies as a US citizen spouse in 5 years time, will USCIS be suspicious of why she didn't adjust status with me initially? any advise?

User's Location: Reading, Pennsylvania, United States of America
Category: Employment-based Green Card
Posted on 10 Aug 2010
A.
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Indu Liladhar-Hathi
Immigration Lawyer
Indu Liladhar-Hathi
(408) 453-5335

www.indulaw.com

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