If you are legally married to a foreign national at the time of filing your I-485, it is generally best to have your spouse file an I-485 as a derivative at the same time. They should still maintain non-immigrant status if at all possible. If she properly maintains her F-1, the I-485 filing should not impact her H-1B eligibility later on, as H-1B is a dual-intent form of status.
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All questions on immigration forms must be answered truthfully. If your priority date is current, your spouse should apply for adjustment of status.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
Yes, include the spouse in the application.
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