Legal Question in Immigration Law in Pennsylvania

I485 for my wife

Hi!

Hope someone can help.

I am an American citizen and am applying for adjustment of status for my H1B wife.

She has--name removed--valid H1B, but has received no income as she has been ''benched'' by her company or placed on hold. It has remained that way for the past few years. We have never been upset about that fact as at least she is able to be here. I file income tax returns jointly, but list her as housewife as she does not bring in any income. I know I have to supply tax info to show that I do have the sufficient means to support her, but will the fact that she has not been receiving income come under scrutiny or is her situation okay as far as filing for her is concerned?


Asked on 11/02/08, 8:50 am

2 Answers from Attorneys
Michael Cho Law Offices of Michael Cho

Re: I485 for my wife

Your adjustment of status application should be fine, as far as her income/H-1B status is concerned, as long she entered the U.S. legally under the H-1B visa.

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Answered on 11/02/08, 2:52 pm
Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: I485 for my wife

She should be ok. Now will it be a question as to her status? Probably. If you've filed all the paperwork and everything is proceeding smoothly I'd just recommend a quick consultation with an immigration attorney to review your facts and advise you about what may be asked during the interview and what information may be requested.

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Answered on 11/02/08, 5:17 pm


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