Can my spouse file for AOS later?

Asked over 1 year ago - 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)

  1. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . If you qualify for 245i - he qualifies.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866)... more
  2. F. J. Capriotti III

    Contributor Level 20


    Lawyers agree

    Answered . 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... more
  3. Stephen D. Berman

    Contributor Level 20


    Lawyer agrees

    Answered . 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... more

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