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Can my spouse file for AOS later?

Milwaukee, WI |

My company is already starting to file my AOS. My husband is an overstay and they are still assessing if he can be included using 245i. Will it be ok to file for my AOS now and my husband a little bit later? What will be the implication of filing the AOS separately?

Attorney Answers 3


It is not a good idea to file them separatey.

Don't be in a rush to file your papers ... get a good lawyer to review his papers ... you say 'they are still assessing' ... please confirm that it is a lawyer that is making this assessment and not a non-attorney in HR.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- -- -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Yes, anytime before you are granted adjustment he can file. Once you are granted, he should also be able to file as a "following to join" until you become a U.S. citizen.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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If you qualify for 245i - he qualifies.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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