EB2, 140 is approved, Applying for 485 AOS. How would the spouse apply for GC ?

[bhunti]

Asking for a friend.

His wife is a Australian Citizen, He is from Nepal, so visa is current. They got married in the US. She is in the 140 petition. She currently lives in Australia.

He is getting ready to file for 485 AOS. Layer says wife needs to come here and file for AOS once he has filed for 485.

My logic says she should be able to file for consular processing from Australia directly.

If anyone can direct a path, it would be much appreciated.

[newacct]

Asking for a friend.

His wife is a Australian Citizen, He is from Nepal, so visa is current. They got married in the US. She is in the 140 petition. She currently lives in Australia.

He is getting ready to file for 485 AOS. Layer says wife needs to come here and file for AOS once he has filed for 485.

My logic says she should be able to file for consular processing from Australia directly.

If anyone can direct a path, it would be much appreciated.

If he has H1b or L1 status, she can get an H4 or L2 visa, respectively, to enter the US and file AOS. Otherwise she will have to wait until his AOS is approved to do Consular Processing abroad.

[bhunti]

If he has H1b or L1 status, she can get an H4 or L2 visa, respectively, to enter the US and file AOS. Otherwise she will have to wait until his AOS is approved to do Consular Processing abroad.

She already has a visitor visa with multiple entry. He only has TPS with EAD for now so he needs to file AOS asap. His worry is with only visitor visa, would her intent to aos cause any problems?
Once he gets gc from 485, would she fall under family based category and then wait another 4 years?

[newacct]

She already has a visitor visa with multiple entry. He only has TPS with EAD for now so he needs to file AOS asap. His worry is with only visitor visa, would her intent to aos cause any problems?
Once he gets gc from 485, would she fall under family based category and then wait another 4 years?

She should not enter on a visitor visa with preconceived intent to file AOS during that stay.

He does not need to petition her separately. She can immigrate as his derivative beneficiary, at any time after he becomes a permanent resident, as long as he remains a permanent resident (i.e. didn't abandon his green card or become a citizen) and a visa number is still available for his category and priority date (which it still will unless it retrogresses a lot).

He would file I-824 for the petition to be sent to NVC and the consulate for her to follow to join after his AOS is approved.