Can my spouse apply for 485 overseas?

[raagi2000]

Hi,

My fiancee live in india. I work in USA on H1 status.
i want to apply for her H4 and then 485 since my 485 is pending.
for some reason she can't come to USA. can she apply 485 while she lives in india and do fingerprinting there as well.
Or she must come to USA in order to do that.

i would appreciate your feedback.

[txh1b]

https://www.immihelp.com/adjustment-of-status-vs-consular-processing-immigrant-visa/

For your situation, She is better off coming here and applying for AOS. Is your PD current?

[raagi2000]

PD is not current. on my situation can i do consular processing?

https://www.immihelp.com/adjustment-...mmigrant-visa/

For your situation, She is better off coming here and applying for AOS. Is your PD current?

[txh1b]

You cannot do anything without the PD being current anywhere. The consulate will not accept a CP application without PD being current. Also, you have to opt for CP during the I140 stage for the entire family. If not, you have to file form I824 (I guess) and ask USCIS to transfer the case to the home consulate which takes couple of months.

The consulate will accept it and begin processing only if your PD is current and call you for an interview which would require entire family to go for CP just like a visa. In case of a rejection, that is the end of the story.

Hence people prefer AOS which has room for EAD/AP etc while the processing is going on and spouse can work on EAD.