A difficult question about Wife's Follow to Join

D

desi74

Registered Users (C)
Dear friends

I am in strage dilemma. Please help me out. I just recieved my RFE and it seems like finally my case is about to be closed. i applied based on my job.

The problem i am facing that i got married in january 2004. my wife applied for student visa in May 2004 and she is now here on F-1 visa and has started going to school. however, we did not declare her marriage at time of her visa interview back home in india because we were afraid that she may not be granted the student visa should the visa officer knows her marital status.

Now can i apply for adjustment of status? my appication is still not closed. i have to respond to my RFE by november 15, 2004. what are my options. please help this confused desi. Should we marry in usa and file for her petition? would that be risky? any examples? should i close out my application and then file for her? i heard that it takes forever for spouses if the application gets closed. like 5 pr 6 years.....please help out. thanks

ram das
 
Doesn't matter u declared or not before getting her visa about marriage,
Once she is here u should have gone for marriage in court to registeed it, and should have updated ur pettiton plus should have submitted her 485 application as derivative benificiary of ur 485.


You are still not late. Not to miss one single day. if u still get married get proof of ur marriage, and submitted her pettition she would become eligiable for GC benificiary. otherwise is 3+ yrs story.

check out these good link

http://uscis.gov/graphics/howdoi/Appproc.htm

http://www.us-immigration-attorney.com/spouse.htm


http://www.twmlaw.com/resources/general25cont.htm

http://foia.state.gov/masterdocs/09fam/0942053PN.pdf



Good Luck.
 
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princeofjungle, thank u very much for a fast respond. so nice of you.....it is a big relief based on what you told me...

GURUS, i woud appreciate some more feedback before i go to court and get married with her and file for her 485...she got here 2 months ago on F-1 visa and i just got my RFE today......please provide more feedback....some past examples to share ?.......could anyone also tell that if i file for her 485 now with EAD and AP applications all together, how soon would she get EAd and AP?it will be for NSC though i have moved to phoenix now but my green card application is still being dealt by NSC.

what if i let my green card to be completed and then file for I-824.......would I-824 be applicable if she is already in USA on a valid visa and in valid status?

i am in touch with my goriee lawyer but she seems to be not that informative...she says it should be Ok but she has never dealt any case like that before........she is charging me 1000 dollar to file for my spouse 485...is that fee OK?

GURUS, please provide some more help.thanks a lot.
 
Last edited by a moderator:
desi74 said:
if i file for her 485 now with EAD and AP applications all together, how soon would she get EAd and AP?
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Check Service center date avg EAD 60-90 days.


it will be for NSC though i have moved to phoenix now but my green card application is still being dealt by NSC.
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currently u are on RFE stage. use same else they would transfer ur case.


what if i let my green card to be completed and then file for I-824.......
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Than ur spouse have to leave US for CP Process.



would I-824 be applicable if she is already in USA on a valid visa and in valid status?
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Seems u still have confusions understanding 824, 824 is 'Duplicate of Notice of approved petttion ' would be used in the case if spouse is outside US.
just like transfer the case.


i am in touch with my goriee lawyer but she seems to be not that informative...she says it should be Ok but she has never dealt any case like that before........
.
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My Attorney even didn't know about what 824 used for all I was told to wait 3+ yrs.
Few nice ppl like 'TheRealCanadian' and other helped me out to understand that.


she is charging me 1000 dollar to file for my spouse 485...is that fee OK?
Click to expand...

485 only (regular arrotney fee 500-700) if she is asking 485+EAD+AP then sound u can live with it. Plus u have to pay INS filling fee . (make 1500-1800 budget). sound expensive?? :D no its normal...... she will cook nice 'Biryani' for u. post online I would download 1 plate too :D .



Good Luck
 
Desi74,

Just get married as soon as possible and file 485 for your new wife before your 485 is approved. Otherwise, your wife's category will fall into family category if you file later (which could take longer than 4 years to get her gc). You don't want to wait for 4 years or more.

If you let your green card to be completed and then you file I-824 for your wife, your wife will have to leave US for CP process. CP process is not easy because if her application is denied, it cannot be appealed or cannot be reopened (just close the case).

On the contrast, 485 is better (it has very rare risks). I-485 offers excellent benefits like EAD and AP for your wife. If it is denied, you can appeal and they will reopen the case. Your wife can work on ead or study if you file her 485.

I see you just got your RFE. Good luck on that, but get married as soon as possible because after submitting your documents to respond to RFE, it will approve your case very quickly. Good luck on your marriage.

You said your lawyer seems to be not informative. I think you should consult with different lawyers or Rajiv Khanna who is a lawyer and founded this immigration website. Lawyer fees you mentioned is fine. You can get married at the court in U.S. (you don't have to get formal wedding reception or religious ceremony. just get married at the court and get marriage certificates).

Just few months before my 485 is approved, I married my wife at the court and submitted my 485 for my wife. She got her GC approval last June.

Good luck. :)
 
you guys are simply awesome. so helpful.....i really appreciate all of you who took time to answer my questions....i will submit my wife's 485 before i respond to RFE....once again thanks a lot for answering my questions.....bhagwan/god/allah app sub ko happy rakahy... regards
 
PrinceofJungle said:
485 only (regular arrotney fee 500-700) if she is asking 485+EAD+AP then sound u can live with it. Plus u have to pay INS filling fee . (make 1500-1800 budget). sound expensive?? :D no its normal...... she will cook nice 'Biryani' for u. post online I would download 1 plate too :D .



Good Luck
Click to expand...


lol....u r welcome to downlaod more than 1 plate....and actually she does make very nice biryani....
 
USGC485, can you share the list of documents that you filed for your wife? My I-485 is still pending and I am thinking of filing for my wife, what forms do I need? Thanks a bunch!
 
Use same documents (of primary applicant) that you did file in the first time for your new wife including your labor certificate approval your 140 approval, your H1 status, your employment letter, your pay stubs, your w2 forms, your tax returns, etc, but fill out her 485 form with her name and her signature, add your marriage certificate, your wife's birth certificate, copies of her educational background such as degrees, certificates, etc., joint apt lease agreement if you have, any documents that shows you and your new wife's names together to prove that you are really married, her medical form (you will have to take her to the doctor), your bank statements showing your ability to support your wife, Affidavit of Support(I-134), copies of your wife's passport & I-94, and copies of all documents of your wife's visa status (such F1, H1, I-20 form, student opt EAD, etc.) if available. I suggest you consult your lawyer who knows much about GC process for dependents.

Check out instructions at http://www.immihelp.com/gc/aos/dependants.html or here's instructions from www.immihelp.com (I copied and pasted):

Dependents and Marriage
Person can include spouse and children under 21 in the greencard process at the time of filing adjustment of status(I-485) irrespective(except for J1) of type of visa, as long as they are on a valid visa in USA. The type of visa of the spouse/kids does matter. If the spouse/kids are on a J-1/J-2 visa with a 2yr HRR, they may not adjust status to permanent residency unless they have either served the HRR or have obtained a waiver of the HRR.

Even though Part 7 in form I-140 indicates to include the dependents, it is fine to get I-140 approved and then get married and then apply for adjustment of status.

Dependents can "follow to join" or be in the U.S. when you file Form I-485. Your future spouse is already in the US on non-immigrant visa( H-1B, F-1, B-2, etc.) and you have your adjustment filed and pending, you marry in the U.S. at the local county court and use that certificate to file a SECOND dependent adjustment and have it joined in the INS.

All forms needed for primary applicant are needed to be filed for each dependent except G-28. In addition, the primary applicant may need to file Affidavit of Support(I-134). Whether I-134 is necessary or not varies from the lawyer to lawyer. Some say it is needed while others say that the primary applicant's employment letter is enough and affidavit of support is not necessary.

Supporting documents needed for each dependent:
Copy of passport with copy of I-94 (both sides).
Copy of I-797 Notice of Action. H4 visa status document.
Copy of birth certificate.
If no birth certificate or problem with it, see Affidavit of Birth
Copy of marriage certificate.
Original Bank Statement.
Six Immigration Photographs (2 each for I-485, I-131 and I-765).
Note: These are immigration photographs and not passport photographs.They are also called ADIT style photographs. These photographs should be taken within 30 days of filing the application to INS.
Detailed instructions for Immigration Photographs
Any document not in English must be translated into English.

Effective July 1, 1999, all single H1/L1 applicants who maintain their non-immigrant status by not using EAD or traveling on AP, can get married after filing adjustment of status application and bring his/her spouse on H4/L2 before the adjustment of status application is approved.

Also see EAD/AP vs. H1

Hope this helps. Good luck!

USGC485 :)
 
USGC485 said:
Dependents can "follow to join" or be in the U.S. when you file Form I-485. Your future spouse is already in the US on non-immigrant visa( H-1B, F-1, B-2, etc.) and you have your adjustment filed and pending, you marry in the U.S. at the local county court and use that certificate to file a SECOND dependent adjustment and have it joined in the INS.


USGC485 :)
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I am in the similar situation as the original poster. I understand that I need to file I-485 for my wife with all the documents as mentioned above. But I am not sure how is her I-485 joined with mine. Is INS going to join all these documents with mine upon receiving the follow-to-join I-485? or I don't have to care this detail?
 
USGC485 said:
Just get married as soon as possible and file 485 for your new wife before your 485 is approved. Otherwise, your wife's category will fall into family category if you file later (which could take longer than 4 years to get her gc). You don't want to wait for 4 years or more.
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I'm a little late to this discussion but the original poster appears to have gotten married in India in January 2004. In this case there is no urgency to the wife's AOS filing since she will not fall under FB2 and the 4 year wait, but I would try and include the package with the RFE response to hopefully get them ajudicated together.
 
desi or anyone..
what happens to the dependent who is on F1 and gets added to AOS, and later the I485 gets denied? whats the status of the F1 holder?
 
avi101 said:
desi or anyone..
what happens to the dependent who is on F1 and gets added to AOS, and later the I485 gets denied? whats the status of the F1 holder?
Click to expand...

She needs to get a new F1 visa again. But she might not get her new F1 visa as she have shown immigtation intent (by filing AOS). In that case she needs to enter with H4 visa.
 
485 for spouse after EB3 visa retrogression

Guys
My EB3 concurrent 140/485 application was filed on 1st week of September,2004 and my 140 was approved last week. I am planning to get married by Jan 2005. My LC priority date is March 2004. If EB3 visa retrogression takes place by Jan 2005, will I be able to apply 485 for my wife in Jan 2005? Thanks for the replies.
-Kris
 
hi kris2500
u cannot file I-485 for ur wife since ur priority date is March 2004 and from january 2005, the visa dates for EB3 will retrogress to somewhere in 2002 they say. so u have to wait until the cut off date becomes mar 2004 which may take unpredictable amount of time.

R u EB3 or EB2?
 
Applying 485 for spouse from India

Guys
I am getting married on december and my 485 was filed on september 2004 and 140 already got approved. I wont be able to bring my wife immediately before EB3 visa gets retrogressed in Jan 2004. I am not able to get a visa appointment in chennai or mumbai or in any consulates in december. Can I file a 485 application for my wife from India, even if she does not have a H4 visa? I want to file a 485 application for her before Jan 2004 from India, if possible. Please let me know what options I have?
Thanks
Kris
 
Follow to join

I am exploring the possibility of bringing my spouse back in India through follow to join. My green card in not yet approved and I am currently working on EAD. I am going to file I-824 for my spouse within the next few days.

I want to know how long will it take for my spouse to receive an interview date in chennai consulate after I-824 is approved. Please let me know.

Thanks
Matador2000
 
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