485 approved for self, wife and kid's 485 filed one week prior to that.. need advise

R

raja10

Registered Users (C)
I am on H1 status....My 485 has been approved on 10 August 2004 from VSC, my wife and kid's 485 receipt date is 12 Aug 2004.... there present status is H4.. if I get my 485 stamped in the passport.. will it affect my wife and kid's H4 status... should I wait for their 485 approvals to come in?? Will the INS take usual processing time OR they will approve the cases faster as my wife and kid are dependent applicants?? Also my lawyer used I864 as affidavit of support instaed of I134.... is it OK?
 
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Your passport stamping is not going to affect your spose/child's I-485s. What matter is I-485 approval. After your approval their H4 status are gone automatically. You should get your passport stamped ASAP and should not wait long.

As side note:
As your spouse + child's receipt date is after your approval date, that could create problem in future (for their I-485s). Keep some shipping tracking information for their applications - delivery date info for USPS certified mail/ FedEx tracking info etc.
 
Thanx for your reply Pralay... my lawyer is on vacation and its impossible to get any reply from his office as they are "ALWAYS BUSY"....
Do you mean that my H1 and my wife and kid's H4 status.. both are gone as of the approval date in my 485 approval ???/.. which is 10 Aug 2004.
The 485 for my wife and kid were sent out from my lawyer's office on 05 Aug 2004... so most likely they would have received the same latest by 09 Aug 2004.... the date on the back of the fees cheques is 12 Aug 2004... so I guess thats the notice date and may be rceipt date is earlier then 10 Aug 2004. I am not sure that as I have not received their receipt notice yet.. I got their EAC numbers from my online bank statement....
Do u know if their cases would be processed faster OR it will take ususal 365 to 540 days??
 
I-485 will take its usual time at the moment 890-950 days. But if u r lucky it can befaster.
do keep proof of the mailing date of their I-485 applications.
 
Do you mean that my H1 and my wife and kid's H4 status.. both are gone as of the approval date in my 485 approval ???/.. which is 10 Aug 2004.

Yes, definitely. On Aug 10th.

The 485 for my wife and kid were sent out from my lawyer's office on 05 Aug 2004... so most likely they would have received the same latest by 09 Aug 2004.... the date on the back of the fees cheques is 12 Aug 2004... so I guess thats the notice date and may be rceipt date is earlier then 10 Aug 2004.

Considering the fact they endorsed the check on 12th Aug, my guess is that their receipt date will be before 10th (and let's hope so). In any case, keep in touch with your lawyer and get copy of receipts. If the receipt is before or on 10th there is nothing to worry. But if they are later than 10th, discuss with lawyer.

Do u know if their cases would be processed faster OR it will take ususal 365 to 540 days??


Theoritically, they takes usual processing time.
 
thanx Praylay for ur detailed reply. I will go for 485 stamping ASAP.
Can I go to the nearest INS office as per my present project location or do I have to go to the office listed in the approval notice?
I have checked with my lawyer's office and they have told me that the receipt date on my wife and kid's 485 is 09 August 2004.. which I guess should be OK??
 
raja10 said:
Can I go to the nearest INS office as per my present project location or do I have to go to the office listed in the approval notice?
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If the office specified in approval letter is not in commuting distance, you can go to the nearest office.


raja10 said:
I have checked with my lawyer's office and they have told me that the receipt date on my wife and kid's 485 is 09 August 2004.. which I guess should be OK??
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yes, it's OK.
 
Thanx for your prompt response Pralay.... although I should mention that the 485 approval notice is asking me to go Newark , NJ... but I am in CA right now... so do u still feel that its OK if I got San Francisco office for stamping....thanx again :)
 
pralay said:
As your spouse + child's receipt date is after your approval date, that could create problem in future (for their I-485s).
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This is not a problem for the children, and only for the wife if the marriage took place after the I-485 was approved. Since I assume it did not, there is no issue here. However, their H-4 status is toast, so it is critical that they have approved AP in hand before they leave the US.
 
TheRealCanadian said:
This is not a problem for the children, and only for the wife if the marriage took place after the I-485 was approved. Since I assume it did not, there is no issue here. However, their H-4 status is toast, so it is critical that they have approved AP in hand before they leave the US.
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I don't think so. If a spouse looses visa status before he/she gets adjustee status that's always an issue (if not a big problem). It does not matter if he/she got married before or not.
 
Spouse/Childern were here on H4 status when they applied for AOS. Their RD for I-485 which is later then primary I-485 approval but nothing they can do about it. I think USCIS will consider their petition without making any issue(s).

Also actual marriage date can make a lot difference for spouse/kids immigrant petition. If I-485 for primary gets approved before marriage, spouse needs to go through F2 Family based category and wait for that is 5 years.

pralay said:
I don't think so. If a spouse looses visa status before he/she gets adjustee status that's always an issue (if not a big problem). It does not matter if he/she got married before or not.
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usnycus said:
Spouse/Childern were here on H4 status when they applied for AOS. Their RD for I-485 which is later then primary I-485 approval but nothing they can do about it. I think USCIS will consider their petition without making any issue(s).
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That's why it's better to keep mailing info - receipt of certified mail, FedEx tracking etc.
 
I completely agree with your statement.

It’s always a good idea to keep complete record of immigration paper work. You may not require all of them, but you never know what comes handy during the process.


pralay said:
That's why it's better to keep mailing info - receipt of certified mail, FedEx tracking etc.
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I think you will be okay.

I think your wife and your kid will be okay since your lawyer said the receipt date on your wife and kid's 485 is August 9, 2004 (before your approval date -- August 12, 2004). For yourself, just go for stamping.

By the way, yes your wife's H4 and your kid's H4 status are gone automatically because of your I-485 approval, but if your wife and your kids are still in U.S., their status is still legal (not out of status) because of their AOS status. If they are outside U.S., they will need their valid Advanced Parole (I hope your wife and your kid have valid AP travel document). (Suggestion: if they are in U.S. with you, don't let them leave U.S. until their 485 is approved because we are not sure about receipt date vs approval date. Just clarify with people of this forum or lawyers or Rajiv Khanna of immigration.com).

I am curious. When did you file your own I-485? Why didn't you file for your wife and your kid earlier? One day after my spouse and I got married, I filed immediately for my spouse (just 3 months before my 485 was approved.) My spouse got my spouse's 485 approval in 1 year and 7 months. But if you are lucky, it can be faster (Immigration service are working on reducing backlogs as a part of their goal.)

But don't worry. Everything will be fine. There is a bill (called "Solve Act of 2004"), that is introduced by the House of Representative and Senate, to bring permanent resident's spouse and kid(S) to "no waiting list" like US citizen's spouse and kid(s). Immediate relatives will be exempted from counting towards the 480,000 ceiling on family-based immigrant visas and include immediate relatives of permanent residents. House of Representatives and Senators are still reviewing and debating. I don't know how long it will take to pass the bill. Just stay tuned.

Good luck.

USGC485
 
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USGC485 said:
There is a bill (called "Solve Act of 2004"), that is introduced by the House of Representative and Senate, to bring permanent resident's spouse and kid(S) to "no waiting list" like US citizen's spouse and kid(s).
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This is election year. It's unlikely any immigration related bill will be passed soon. Especially when immigration became a senstive issue in this election - due to terrorism, economy and outsourcing.
 
Thanks to all of you for the info provided.

Thanks to all of you for your replies.... I am going to apply for AP for my wife and kid ASAP. I had filed my 485 in Feb 2003 at VSC, due to some reasons my wife and kid were able to join me only in June 2004, hence the delay in their filing. I hope that they dont have to wait for 365 to 540 days for their approvals... anyway we have to wait I guess...
Thnaks again to all of you and good luck. :)
 
another route?

I am just trying to confirm something and maybe offering a quicker solution. Hypothetically, if the wife had her own H-1 and an approved 140 with the CP option, can the wife and the kid go outside US and get their respective GC's thru the CP process?

Thanks.
 
praytx said:
I am just trying to confirm something and maybe offering a quicker solution. Hypothetically, if the wife had her own H-1 and an approved 140 with the CP option, can the wife and the kid go outside US and get their respective GC's thru the CP process?
------YES
Thanks.
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Thanks for your response. Just wanted to clarify. The kid's H-4 is currently on father's H1 and NOT on his 485 application. However, the kid is on the mother's 140/CP application. SO if the 485 were to get approved tomorrow, the father loses H-1 and therefore the kid loses H-4. Is the kid considered out-of-status even though he has a pending application(140/CP of mother) with CIS?

I read somewhere that even if the kid were out-of-status for upto 180 days, it would not be BIG deal. I would rather like to rely on law than someone's discretion. Does anyone know?

Thanks.
 
praytx said:
The kid's H-4 is currently on father's H1 and NOT on his 485 application. However, the kid is on the mother's 140/CP application. SO if the 485 were to get approved tomorrow, the father loses H-1 and therefore the kid loses H-4.
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What non-immigrant status is the mother maintaining? If the mother has an H-1, the child remains the dependent of an H-1 holder and does not fall out of status.

Is the kid considered out-of-status even though he has a pending application(140/CP of mother) with CIS?
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The mother's I-140 application does NOT provide any benefits to either mother or children regarding maintenance of status. If you want to go CP, you must maintain valid non-immigrant status on the side.

I read somewhere that even if the kid were out-of-status for upto 180 days, it would not be BIG deal.
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If the child accumulates illegal presence of less than 180 days it is no big deal. This is different then being out of status. However, the child appears in no danger so long as the mother continues to maintain H-1 status.
 
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