GURUS, Moderators,Please Help URGENT ........

[Faith2005]

Hello,

I got the approval of my 485 in June thr employment based category.I have received my plastic green card as well. My wife entered legally in US on H4 .I am married to her since last two and half years before filing my 485. As a result of my 485 approval my wife is out of status now ..to get back her into status ...Can I

1)File her form I 130 and 485 along with 765(EAD) AND 131(AP)? and send it to ..if so do I have ot file the same at Chicago lockbox facility or at other service center?to file at Chicago lockbox facility ,I found two quotes by USCIS on form 485 on realting to this issue ..

a) Aliens described by section 203(a) of the Act as the qualifying relative of a U.S. citizen or lawful permanentresident alien, and are filing based on an approved Form I-130;Aliens described by section 203(d) of the Act
======I have not filed I 130 yet...
b)Aliens described by section 203(d) of the Act as the derivative relatives of aliens described by section 203(a)of the Act

PLEASE LET ME KNOW IF I QUALIFY to file I 130 FOR LOCK BOX OR I have to file 485 with no I 130 at service center ? Appreciate your inputs.

[TheRealCanadian]

Originally Posted by Faith2005

1)File her form I 130 and 485 along with 765(EAD) AND 131(AP)?

Your wife is NOT a family-based immigrant and needs no I-130.

Aliens described by section 203(d) of the Act as the derivative relatives of aliens described by section 203(a)of the Act

She's a derivative beneficiary, and needs to file her I-485 at a Service Center. She has 180 days from the day your I-485 was approved.

[Faith2005]

Thanks Real Canadian. I have few doubts

1) If I have do not have to file I130 ,which affidavit of support I should use.( form 864 or Form 134?) I have heard form 864 is for candidates who file 485 with I130.

2) She has a pending H1 with USCIS thr lottery.If it's approved,Can she start working here from Oct 1st? Or she has to go to home country and get it stamped.?

3) As per instructions on form I130 , a lawful Perm resident can file I 130 for his/her spouse ..it does not mention anything about whether this is applicable to employment based or family based category.. I have recived my Green Card thr employment based, just want to make sure ..i am filing all the right forms at right center... Appreciate your inputs

Vingreen

[Faith2005]

1) If I have do not have to file I130 ,which affidavit of support I should use.( form 864 or Form 134?) I have heard form 864 is for candidates who file 485 with I130.

2) She has a pending H1 with USCIS thr lottery.If it's approved,Can she start working here from Oct 1st? Or she has to go to home country and get it stamped.?

3) As per instructions on form I130 , a lawful Perm resident can file I 130 for his/her spouse ..it does not mention anything about whether this is applicable to employment based or family based category.. I have recived my Green Card thr employment based, just want to make sure ..i am filing all the right forms at right center... Appreciate your inputs

Vingreen

[TheRealCanadian]

Originally Posted by Faith2005

If I have do not have to file I130 ,which affidavit of support I should use.( form 864 or Form 134?) I have heard form 864 is for candidates who file 485 with I130.

I believe it's the I-134.

She has a pending H1 with USCIS thr lottery.If it's approved,Can she start working here from Oct 1st? Or she has to go to home country and get it stamped.?

Since she's currently out of status, she'll need to leave the US and re-enter.

As per instructions on form I130 , a lawful Perm resident can file I 130 for his/her spouse ..it does not mention anything about whether this is applicable to employment based or family based category.. I have recived my Green Card thr employment based, just want to make sure

Well if you want your wife to wait six years to get a Green Card, you can certainly file an I-130 for her and put her in the Hell that is FB2A, but she qualifies under your EB category with your priority date, so no I-130 is necessary.

[Faith2005]

Thanks RealCanadian,

Appreciate the info.....I never knew it takes so long to get GC with I130...I thought it could be a faster way thr lockbox facility ....I will certainly file my wife's 485 thr employment based category...Thanks a ton for the advice.