Legal Question in Immigration Law in California

Re: I-485 filing eligibility

This depends on your particular circumstance. For instance, if you are an employment-based immigrant, then you may want to have her following-to-join you. If you have an attorney, he or she should help you with this. You should not proceed on your own. If you need an attorney to help you, please contact me directly at [email protected] or 415-834-1884. I look forward to hearing from you. Regards, Anja

Re: I-485 filing eligibility

You can indicate on your I-485 that she will be included and make sure she is inculded as a "follow to join."

Re: I-485 filing eligibility

Adjustment of status is only for persons already present in the U.S. You can't file a form I-485 for your wife since she isn't here. On your own I-485, you have to report your wife's name anyway. Putting down on the form that she's "following-to-join", as another attorney suggested, is not going to get her a green card here. She's going to still have to get her immigrant visa as a following-to-join spouse with the U.S. consulate in your country after your adjustment application is approved. So, your application will wind its way through the system and, in the end, there will be a final adjustment interview. If at that time, your wife isn't in the U.S., you're the only one attending the interview and gets the permanent residence. Your wife will have to be approved later in her country before she can come to the U.S.

Liem Doan, Esq.