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At what point does the spouse
get included in GC application for
her to stay and work legally? Is it
I-140 or 485? Her H-1 visa expires
August. I am hoping to file my I-140
before June 2001 so that my H1 can
be extended?
The spouse must be listed on the
I-140 (unless you marry after the
I-140 is filed). That won't give the
spouse any benefits, though. When
filing the I-485, you must file a
separate one for each family member.
Only at that point would the spouse
be permitted to stay legally.
If your priority date is before Jan
14, your spouse can simply overstay
(or file a change of status to tourist
or student or something like that.
It will likely be denied, but buy
you some time). When filing her I-485,
pay the $1000 fine. Just one word
of caution: try to keep the overstay
to less than a year.
Immigration
Questions Series 1:
I
am looking for a really good lawyer
in the Dallas, Texas
We
have filed I-130 and I-485 at the
local office but it was forwarded
to the National Benefits Center.
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