Applying I-485 after marraige

[seshueceng]

Can I apply I-485 with my wife's name eventhough she is going to stay temporarily stay in US and comeback after 1 year since she has her studies to finish and is on vacation.Can I apply now or should I wait until she comes back permanently.

Thanks,
Sheshu

[PraetorianXI]

I-485 is to be filed by the alien (not someone else) when this person is PHYSICALLY present in the US.

You need to file for I-130 for her in the mean time.

[seshueceng]

Thanks for the information but should she be here in US before and after applyinh I-130.

Thanks,
Seshueceng

[PraetorianXI]

That depends on what visa she has. She can not come to the US with a visitor visa or under the Visa Waiver program with the intention to file I-130 and I-485. That is fraud.

You need to file I-130 for her, without her being in the US.

Read this info: https://www.immihelp.com/family-base...on-procedures/