Hello,
My wife 130 got approved through my Green Card. She is out of status since Jan 2014. Does it make any issue while applying for I 485,I 765 and I 131. Can anyone tell me ? Please suggest.
Any suggestion will be highly appreciated.

Thank you.

you can apply for i 485 right now, it doesn't matter.
but the thing is that uscis will deny ur case at interview saying that your wife should be in valid non immigrant status till the time u file i 485.

bottomline is u can apply for i 485 but your case will be declined at interview. so you will lose 1000+ or whatever is the filing fees.

so, it's better to wait for ur citizenship...

Mero wife ko pani GC matra ho (no citizenship). 130 approve bhako march tira ho, priority date feb 25 ho. But aile priority date july 1 2012 bhako le I485 file garna kurnu parchha bhanne mero bujhai ho. Aile nai i 485 file garna paune bhaye ta ramro hune thiyo.
Punter bro, can you suggest me if there is any way that she can file 485 for me now ?

In both of ur cases, i485 cannot be applied now unless your priority date is earlier than the date on the visa bulletin which as u said is july 2012 currently.

Thank you Ark.

For the adjustment of status one needs to be valid status, however the spouse of the citizen will be able to adjust as long as they entered with inspection (stamp on passport/ I94).

Therefore, even if your I 130 petition for your spouse is approved wait until you naturalize for her to adjust.

Very truly yours,
Bandita Sharma-Dahal, Esq.
Tel: 2153924141
www.philadelphiaimmigration.co

This communication is for general public information only and does not create attorney/client relation.