Q reg filing I-485 for spouse
ial...@my-deja.com
I need some urgent advice reg the options I have in the following
case.
I am from India. My priority date(PD) (EB3) is May 1998. I applied for
my I-485 in Aug 1999.
I was single at that time. In April I got married, but I could not file
I-485 for my wife till now as the dates went back. Yesterday, when I
checked the telephone info center at VSC, I found that they have sent a
Request for Evidance(RFE) on Nov 14th.
I have observed on the immigration news groups that it does not take a
long time for approval after an RFE is issued. But since the dates are
not current for EB3 India, is it possible that they can approve it ?
If the application gets approved, Can my wife remain on H4 & then apply
once the dates become current ?
We have a rotten policy in the company that I work, I cant speak to the
lawyer directly. All correspondance is by e-mail that needs to be sent
to the lawyer thru my co. I called the person who handles GC issues in
my co & I was told that just before my I-485 is about to be approved,
INS would give me a chance to let them know if they need to add my
dependants to my application. I could not get any info on this while I
was looking at the different web sites. Does any one know in the 1st
place if this is true ?
What will be my status when my I-485 is approved ? I was thinking of
doing the following in case my approval comes in when the dates are not
current.
1. Wait(Do Nothing) until my dates get current.
2. Apply for my wife as my dependant & take EAD for her.
3. Then get my passport stamped.
Can I do this ?
Thanks
Sent via Deja.com http://www.deja.com/
Before you buy.
Ingo
>Gurus,
>
> I need some urgent advice reg the options I have in the following
>case.
>
>I am from India. My priority date(PD) (EB3) is May 1998. I applied for
>my I-485 in Aug 1999.
>
>I was single at that time. In April I got married, but I could not file
>I-485 for my wife till now as the dates went back. Yesterday, when I
>checked the telephone info center at VSC, I found that they have sent a
>Request for Evidance(RFE) on Nov 14th.
>
>I have observed on the immigration news groups that it does not take a
>long time for approval after an RFE is issued. But since the dates are
>not current for EB3 India, is it possible that they can approve it ?
No, they will definitely not approve it before the PD is current. I
would also doubt the rule about "soon after RFE" - that would depend
on your case.
>If the application gets approved, Can my wife remain on H4 & then apply
>once the dates become current ?
No, but it should not be a problem since your I-485 likely won't be
approved the very first day anyway.
>We have a rotten policy in the company that I work, I cant speak to the
>lawyer directly. All correspondance is by e-mail that needs to be sent
>to the lawyer thru my co. I called the person who handles GC issues in
>my co & I was told that just before my I-485 is about to be approved,
>INS would give me a chance to let them know if they need to add my
>dependants to my application. I could not get any info on this while I
>was looking at the different web sites. Does any one know in the 1st
>place if this is true ?
The way this person phrased it was completely wrong, although I think
(s)he meant the correct thing. That's why you weren't able to find
anything. Correct is that before the I-485 is approved - or even
after, as long as your wife maintained lawful status in the US - you
can file another I-485 for your wife (and that is not "adding a
dependent to your application" but rather a completely separate I-485,
since each I-485 is only for one person.
>What will be my status when my I-485 is approved ?
Permanent Resident. That is, Green Card holder.
>I was thinking of
>doing the following in case my approval comes in when the dates are not
>current.
>
>1. Wait(Do Nothing) until my dates get current.
>2. Apply for my wife as my dependant & take EAD for her.
>3. Then get my passport stamped.
Of course, you overlooked the rather important point 2a: wait for your
own I-485 approval. There are two sequences that could happen:
1. Wait(Do Nothing) until my dates get current.
2. Apply for my wife as my dependant & take EAD for her.
2a. wait for your I-485 approval
3. Then get my passport stamped.
This is the most likely scenario. If INS is REALLY fast, the following
could happen:
1. Wait(Do Nothing) until my dates get current.
1a. wait for your I-485 approval
2. Apply for my wife as my dependant & take EAD for her.
3. Then get my passport stamped.
In that case, between your I-485 approval and the day your wife files
her I-485, she would be out of status. Since it's likely only going to
be a few days (be very sure to prepare the I-485 well so it won't get
rejected!), there is a good chance INS would ignore it and treat it as
filed on time.
Ingo
I am not a lawyer and this is not legal advice.
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http://www.visalaw.com
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http://members.aol.com/MDUdall
http://www.murthy.com/
http://www.getusavisa.com
http://greencard-lottery.virtualave.net/
http://www.jcvisa.com
(H-1B) http://www.h1bresources.com
(marriage and fiancee) http://www.kamya.com/misc/
(marriage and fiancee) http://www2.apex.net/users/thehydes
http://www.formshome.com
http://www.workpermit.com
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