Derivative - 485 (Spouse)

S

Sanan

Registered Users (C)
I am getting ready to file the GC for my wife! Finally after 2 years.
Well, does any one here have any experience filing in on their own without a lawyer? Can someone tell me if I am missing something - in terms of documents needed to be sent over-


1. 485 form
2. EAD form
3. AP form
4. Checks
5. Marriage Cert.
6. Passport copy
7. Birth Cert.
8. H4 Approval notices
9.Cover Letter.
10. G- 325
11. Medical report



Any thing else? :(


Thanks in advance
 
Last edited by a moderator:
I-134 affidavit of support signed by you for your wife.
Copy of past 3 tax returns
Copy of child's birth certificate if applicable
Separate passport page/I-94/H-4 copies for each of EAD and AP (treat each as a separate application)
Some believe you need to copy your entire passport for main I-485, including blank pages, but others don't.

Don't forget to certify birth certificate translation, if required.
 
jk0274 said:
Copy of past 3 tax returns
Click to expand...

Not required.

Separate passport page/I-94/H-4 copies for each of EAD and AP (treat each as a separate application)
Click to expand...

It's necessary for the I-485 only. EAD and AP aren't predicated on being in valid non-immigrant status.

Some believe you need to copy your entire passport for main I-485, including blank pages, but others don't.
Click to expand...

Not required; I'd just send copies of the main/photo pages, and any pages with US visas.
 
Hi,
I am also planning to apply I-485 for my spouse on my own. My I-485 petition was pending and I got married after applying my I-485.

I have question about the check box which I need to select for Application type either a, b or h with description "Spouse I-485 is pending". Please advise.

Part 2. Application type.
I am applying for an adjustment to permanent resident status because:
a)an immigrant petition giving me an immediately available immigrant visa number has beenapproved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile orspecial immigrant military visa petition filed with this application that will give you animmediately available visa number, if approved.)


b)my spouse or parent applied for adjustment of status or was granted lawful permanent residencein an immigrant visa category that allows derivative status for spouses and children.

h)Other basis of eligibility. Explain. If additional space is needed, use a separate piece of paper.
 
rk12 said:
Hi,
I am also planning to apply I-485 for my spouse on my own. My I-485 petition was pending and I got married after applying my I-485.

I have question about the check box which I need to select for Application type either a, b or h with description "Spouse I-485 is pending". Please advise.

Part 2. Application type.
I am applying for an adjustment to permanent resident status because:
a)an immigrant petition giving me an immediately available immigrant visa number has beenapproved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile orspecial immigrant military visa petition filed with this application that will give you animmediately available visa number, if approved.)


b)my spouse or parent applied for adjustment of status or was granted lawful permanent residencein an immigrant visa category that allows derivative status for spouses and children.

h)Other basis of eligibility. Explain. If additional space is needed, use a separate piece of paper.
Click to expand...

B and you need to attach YOUR I-485 filing reciept with her I-485
 
Sanan said:
I am getting ready to file the GC for my wife! Finally after 2 years.
Well, does any one here have any experience filing in on their own without a lawyer? Can someone tell me if I am missing something - in terms of documents needed to be sent over-


1. 485 form, FEE that include FP fee,2 Photographs(front face)
2. EAD form I-765, FEE, 2 Photographs(front face)
3. AP form I-131, Fee ,2 Photographs(front face)

4. Checks (Make separate checks for I-485, I-131, I-765 and attach top of the forms)
5. Marriage Cert.(copy)
6. Passport copy(with all pages that have name, Photo, DOB, Visa stamp, US Entry stamps)
7. Birth Cert.(copy)
8. H4 Approval notices (only Latest will do), Valid I-94 Copy(front and back)
9.Cover Letter.
10. G- 325 (check if G-325 valid or G-325A is valid)
11. Medical report
Copy of your I-485 filing reciept
I-134 affidavit of support signed by you before Notary for your wife
Copy of child's birth certificate if applicable(also write the info on I-485 form)
*she need to Sign all her forms with date

Any thing else? :(


Thanks in advance
Click to expand...
---------------------
 
TheRealCanadian said:
Not required.



It's necessary for the I-485 only. EAD and AP aren't predicated on being in valid non-immigrant status.



Not required; I'd just send copies of the main/photo pages, and any pages with US visas.
Click to expand...

I'd be careful with merely labeling things as "Not required". Yes, most of these items are not required, but are apparently commonly requested, and/or their absence raises the probability of needing an interview. That is why many lawyers include these things. So while they may not actually be required, it doesn't hurt, and it reduces the chances of RFE and/or follow-up interviews. Also, it is important to treat each I-765 and I-131 as a separate application. While some items are "not required", there have been enough RFEs for I-765 and I-131 having to do with proof of status (see www.trackitt.com) that it's a very good idea to provide proof of status with these applications to avoid unnecessary delays.
 
Last edited by a moderator:
jk0274 said:
That is why many lawyers include these things. So while they may not actually be required, it doesn't hurt, and it reduces the chances of RFE and/or follow-up interviews.
Click to expand...

Unfortunately, sending more information than necessary doesn't always reduce your chances of getting an RFE; it might actually increase them. USCIS clearly tells you on the forms what they want submitted - give them what they want. If they want something else, they'll ask for it.

While some items are "not required", there have been enough RFEs for I-765 and I-131 having to do with proof of status (see www.trackitt.com) that it's a very good idea to provide proof of status with these applications to avoid unnecessary delays.
Click to expand...

The only "proof of status" required for an EAD or AP is a pending I-485, and an I-485 receipt copy is good to submit. Anything else is unnecessary. I've received numerous EADs and AP without ever submitting an I-94 or any proof of status.
 
Sanan said:
Thanks!
Do you know if I would have to switch to using my EAD, once my wife gets hers?
---not a must, it is better to be on H1
Or can I be on H1 and she on EAD?
----------- if YOU use EAD then you will not be on H1 status ans she will not be on H4 status, if only she use EAD for work then her H4 is invalid and you are on H1
Click to expand...

-----------------
 
One more Question

Thanks ginnu! I have one more question for you.
I am now filing it through my lawyer. Of course they are all busy and would only be able to file it in the 2nd week of June. What if my GC gets approved within that time(before my wife's is applied), although highly unrealistic. Could there be a problem there?:confused:
Yes she is here on H4 now for couple of years now
ginnu said:
-----------------
Click to expand...
 
Last edited by a moderator:
Sanan said:
Thanks ginnu! I have one more question for you.
I am now filing it through my lawyer. Of course they are all busy and would only be able to file it in the 2nd week of June. What if my GC gets approved within that time(before my wife's is applied), although highly unrealistic. Could there be a problem there?:confused:
------------not a problem. you can ask your lawyer to send her I-485 ASAP
Yes she is here on H4 now for couple of years now
Click to expand...

----------------------
 
H4 extension after 485 filing

Hi

My H4 is valid until Sep 3rd 2007. My husband got his extension approved on his H1 until 2010 Sep. As the priority dates have become current we are now filing our I485 next week. We are done with all our paper work with the attorney.

My question is, should I extend my H4 or can I wait till I get my EAD? Please throw some light.

Thanks in advance
GCDream
 
Anybody in the same boat?

No one got married after filing 485 and slipped into retrogression and have their wife on h4 ...??:(
 
Greencarddream said:
Hi

My H4 is valid until Sep 3rd 2007. My husband got his extension approved on his H1 until 2010 Sep. As the priority dates have become current we are now filing our I485 next week. We are done with all our paper work with the attorney.

My question is, should I extend my H4 or can I wait till I get my EAD? Please throw some light.
Click to expand...
All you need to be in status is I-485 receipt. You don't need EAD if you are not going to work.
 
Where to send Dependents I485 application?

Hi,

My I485 was filed in Vermont and transfered to Texas service center. I want to file for my wife now. Which service center I have to mail my wife's application?

Thanks in advance
 
Card Production Ordered

...for my spouse ! Pretty fast. I am impressed!
We filed for her in June end :)

good luck to all
 
Last edited by a moderator:
You must log in or register to reply here.
Top