A P
Aug 14, 2022
Marriage based 485 for wife already in US
hi Lawfully family, my wife who is already in the US through H1B will be added into my EB application (ongoing). Suppose my 485 is approved before her 485 is applied would we have to also file I130? or would we Not need to file 130 since she is already in the US? Thanks in advance!
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D PAug 14, 2022
I believe (might be wrong) if your I485 is approved before applying hers , then she needs to leave US, and you have to file I130 as green card holder sponsoring spouse. because you can not file I130 when your spouse is in US. so make sure your won't get approved before applying for your spouse. Talk to your attorney to understand more.
Zig ZagAug 14, 2022
Wait why she needs to leave the US?
D PAug 14, 2022
not sure about the exact rules but there's some nuances there if your spouse is in H visa. could be wrong.
fd diAug 14, 2022
@DP yes he can apply I130 for her while she is in the United States and also apply for i485 at the same time for the adjustment work permit and AP.
Only problem is if she got approved for the i485 and not for i130 then she will have to know the refusal reason and submit again.
fd diAug 14, 2022
maybe better to seek free advise from lawyer!
A PAug 14, 2022
thanks for the comments…@fd di and @D P so right now she doesn’t need to file 130 but you believe she will have to if my 485 get’s approved. I will also be following up with our immigration specialist but I have observed the advice on LF and Telegram like forums to be quite insightful so wanted ask folks here about their thoughts on this scenario
A PAug 17, 2022
confirmed that if the primary applicants AOS was still being processed on marriage date and if benificiery is in the US on a valid VISA then I-130 is not required
