Q: Can I file I-485 when my spouse is traveling outside US?
Me and my spouse have valid medical tests and the appropriate 485 paperwork done in the USA. Can I file I-485 with my spouse being outside USA?
A: Your spouse must be physically present in the U.S. if she/he wishes to file the FORM I-485 with USCIS. Moreover, your spouse must be eligible to adjust status with USCIS prior to filing the FORM I-485.
Hey, Are you the US Citizen petitiner in this case? If your spouse is currently in your home country, then he/she will apply for greencard through consulate processing which means- from outside the US.
If your spouse is in the US already and your petition is approved, then you will need the I-485 and other supporting documents; including the I-944 which is required again for Greencard applications.
Get in touch with me to discuss more detail. This communication is not legal advice and does not create client lawyer relationship.
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