Q: Can I bring my wife while my I-485 pending?
A:
If you are a U.S. permanent resident applicant with a pending I-485 (Application to Register Permanent Residence or Adjust Status), your spouse may be eligible to join you in the United States. However, the process and timeline depend on various factors:
1. If your spouse was included as a dependent on your I-485 application, they might be able to join you in the U.S. while the application is pending, provided they have a valid nonimmigrant visa (such as an H-4 or L-2).
2. If your spouse was not included in your original I-485 application, you will need to file a separate I-485 for them after your application is approved. In this case, your spouse will need to wait outside the U.S. until their application is approved, unless they have a valid nonimmigrant visa that allows them to stay in the U.S.
3. If you are the beneficiary of an employment-based green card category, your spouse may be able to apply for an H-4 visa to join you in the U.S. while your I-485 is pending, provided you have an approved I-140 (Immigrant Petition for Alien Worker) and a valid H-1B visa.
It is essential to consult with an experienced immigration attorney to assess your specific situation and determine the best course of action for bringing your spouse to the United States while your I-485 is pending. They can help you understand the requirements, timelines, and potential challenges based on your individual circumstances.
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