Submitting I485 AOS - Without H4 spouse in the country

Hi, My spouse who is on H4 is out of country and looks like she cannot be back before the end of October. We are eligible to file for I485 now. The fear of applying for myself and not my spouse is that, the dates could retrogress and I may not be able to apply for her, for a long time. I am trying to decide if there is any benefit in me applying now.

Here is what i am thinking, let me know if you see any problems with this

Apply for my AOS this month without the Medical form (i693). This guarantees an RFE for me. If the dates never becomes current again and i am unable to file AOS for my spouse, I can withdraw my I485 and wait till our dates become current and apply together again.

I understand that i will have to maintain my H1 and her H4 statuses until then.


Why would you withdraw your own i485?

You can apply for your spouse as and when date gets current again.