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Husband got GC and Wife yet to file I485

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  • Husband got GC and Wife yet to file I485

    Hi, My husband filed I485 before marriage.Now we are married and the PD is current. Husband using H1 and i am in H4 status.

    1)My husband got a mail yesterday saying his GC is approved. Our lawyer will be filing my I485 today will this be a problem as now i am out of status or do i have any grace period as our PD is still current.

    2)And if i file I485 what will be my status? Can i use AP and travel abroad when my 485 is still pending?

    Please Help

  • #2
    Husband got GC and Wife yet to file I485

    I am in same boat, but my wife applied before my green card was approved. But I asked my attorney the same question and he said, that, derivative spouses will have a grace period of 180 days. But, I am not clear, whether the derivative spouse should be in USA for this to be valid or not. This might not be 100 % accurate , but, if I heard right , this is what my attorney told me.

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    • #3
      Thanks, Yes my attorney told the same and he filed my 485.. I am in US so it should not be a issue.. The only concern is what happens when i travel abroad using AP. Will i face any problem as i am now in AOS.

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