Legal Question in Immigration Law in New Jersey

I-485 Pending - Filing for CP for Spouse

I have my I-485 pending (with an approved I-140) for about 9 months at Nebraska Service Center. I filed as a single person but now I am planning to get married outside the United States. My question is, can I file for Counsular Processing for my spouse? Instead of bringing her here on H4 dependent visa and then file for Adjustment of Status.


Asked on 9/07/04, 10:28 pm

2 Answers from Attorneys

Deborah Frankel Deborah Frankel

Re: I-485 Pending - Filing for CP for Spouse

After you adjust status you can process your wife`s case through the consulate IF you were married BEFORE you adjusted. However, it might

be better for you to bring her here on an H-4.

Please let me or my law colleague, Allen Kaye, know if we can of further assitance. His contact details are: 111 Broadway, 13th Floor

New York, New York 10006

Phone: 212-964-5858 Fax: 212-608-3734

Cell Phone: 917-699-7159

Email: [email protected]

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Answered on 9/08/04, 7:41 am

Re: I-485 Pending - Filing for CP for Spouse

Hi,

You will need to file the adjustment of status for her before your I-485 is approved otherwise she will loose the option to adjust. The reason why you can't apply at the consulate right now is because there is no visa availabe yet.

Once the I-485 is approved she could consular process the case if she chooses but not while your I-485 is till pending. Make sure that you file for her asap otherswise she will loose it.

Let me know if you need any assistance with the process.

Jacob Sapochnick

[email protected]

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Answered on 9/08/04, 4:18 pm


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