My PERM is under processing . Wife is planning to go to india. If PERM gets approved does she needs to be in US while filling I-

Asked about 1 year ago - Chicago, IL

My PERM is under processing . Wife is planning to go to india. If PERM gets approved while she is in india . Is there any problem for I-140/I-485 application ? Is there any rule that she needs to be in US for adding her to my I-485 application.

Attorney answers (6)

  1. Stephen D. Berman

    Contributor Level 20

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    Answered . There is no such thing as adding someone to your I-485. If your wife wishes to adjust her status she would need to file her own I-485.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  2. Miroslava Orduno Rincon

    Contributor Level 14

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    Best Answer
    chosen by asker

    Answered . Assuming you are also Indian (since your wife is in India), and you dont' have an earlier priority date you are recapturing, my guess is that your priority date will not be current and you therefore will not be eligible for concurrent I-140/I-485 processing anyway. If that is the case, the I-140 can certainly be filed while your wife is out of the country without issue.

    This information is provided as a courtesy based upon the limited information provided in your post and does not... more
  3. Gintare Grigaite

    Contributor Level 18

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    Answered . Adjustment of status under Form I-485 is always filed for an individual who is in the United States. If the individual is outside the United States, the process is called visa processing.

    Contact immigration lawyer Gintare Grigaite, Esq. of Grigaite & Abdelsayed, LLC at 201-471-7989, located in New... more
  4. J Charles Ferrari

    Contributor Level 20

    6

    Lawyers agree

    Answered . An individual must be in the US to file an I-485.

    Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  5. Alexander M. Ivakhnenko

    Contributor Level 20

    3

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    Answered . Your inquiry regarding the I-485 filing clearly points to a vital necessity of hiring a competent legal professional in the given area to ensure that filings and submission are done within legal requirements.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  6. Lalita Haran

    Contributor Level 14

    4

    Lawyers agree

    Answered . You should not assume so many things as you have in your post. Seek professional advice before you / your wife act to preserve her interests. Best Wishes!
    Lalita Haran
    13295 Illinois St Ste 128
    Carmel IN 46032
    Ph: (317) 660-6174
    www.haranlaw.com

    Contact (317) 660-6174 for specific legal advice. Answers here are not legal advice because they are of general... more

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