us u
Feb 2, 2024
spouse status adjustment
My I-140 through NIW is approved. if I get married now, can I apply for spouse status adjustment from F-1 to I-485 though her name was mentioned in the I-140 petition? BTW I’m on F-1 visa and would be happy to hear any possible ways to maintain the status after getting married.
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Me BHEFeb 3, 2024
@M Usm As you’ll submit I-485/I-765/I-131 for yourself. Do the same for your spouse. She will get GC, as a derivative of your application.
Me BHEFeb 3, 2024
@M Usm Don’t forget to apply for OPT etc.
us uFeb 3, 2024
thank you, @Me BHE. but i didn’t mention her name in the I-140 petition. I heard that the name should appear in I-140 and then you can file I-485, I-765, and I-131 for spouse as well. please share your insights.
T. G.Feb 3, 2024
you don’t need to have mentioned her name on the i140. as long as you were married before your i485 was approved, she is eligible to file the i485 as your derivative.
Me BHEFeb 4, 2024
@Me BHE I checked, I-140 has section for Family Members.
But I don’t know if Family Member’s name has to be on I-140 or not.
e.g. someone gets married after getting I-140 approved. I think he/she can still file I-485 and all forms for his/her spouse.
Still consult an immigration lawyer on this.
us uFeb 6, 2024
thank you so much!
