Can I file 485 for my wife (she in states) but she has no-status. Her case was denied 3 months ago, without giving us an option to appeal the decision. Is it possible that I can pay a penalty and add her in I485? Thanks for your advice.
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I-485 for spouse with no status
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She came in on H4 visa and I had an H1 visa at that time. I couldnt find a job at right time to transfer my h1 and it was 2004 when amnesty law (css newmann) was introduced, we both applied for it and went for interviews, now my case is still pending and her case was denied 3 months ago. I filed my I140 on behalf of my pending amnesty case through my employer and now both case are pending.
My attorney said i wont be able to apply I485 for her after i get my 140 approval because she is out of status but i'm sure there must be some other way to get this resolved???
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