回复：急 急 spouse in china - XBT or anybody senior here

1. Is this true? Is there anyway to get around the physical presence part for filing I-485?

yes. you have to fill in the non-immigrant visa number and i-94 number on 485 form.

2. What if the spouse comes back to US for a short period time in order to be eligible for the I-485 filing, is there anyway to prevent INS from knowing his leaving US? I heard that airlines are sharing passenger departures with INS now.

after your spouse files 485, s/he can leave US after the receipt date of 485. s/he'd better leave after ap in case your gc is approved when s/he's not in US.

You can't hide the fact you leave this country because you have to return i-94.


What about driving across border to Canada or Mexico?

no problem as far as 485 is concerned

3. Can I (either myself or find a lawyer to) file I-824 in July for my spouse even I'm also filing I-485 in same month and won't get I-485 in near future? Is it simply wasting money?

If you have NOT include I-824 with I-485 in the same package when you filed 485, you have to apply I-824 after your 485 is approved.
It would be waste of money if your 824 is processed when your 485 is still pending.