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Posted on 24 Feb 2009
Q.

I485 for out of status spouse

My wife has been out status since Sept 2nd 2005 according to her I94. i always assumed that keeping my H1 in status and getting her passport stamped in home country would be enough to keep her in status. That is all I had ever done the 2 times I renewed my H1. After the 3rd H1 we could not travel. Dec of 2006 my lawyer while applying I485, pointed this out to me. i think it was in my lawyers best interest to atleast inquire about my family which would have tipped me off and i would have done the needful.We had AOS interview today and short of approving the officer said everything else. she was not sure what law could be use in my wife's case. she said family i485s had provision for this scenario but not employment based gcs. Can you advise on what basis we can request the approval?

User's Location: st louis, Nebraska, United States of America
Category: Employment-based Green Card
Posted on 24 Feb 2009
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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          www.emvisa.com
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