Help: I-485 for spouse

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GCqueries

Registered Users (C)
Hello,
My I485 was filed in March 2005 and I expect it to be approved soon.
I recently got married in May 2007 and my wife has joined me last week on an H4. Prior to July 1st my PD was current. Now with the July 1st fiasco, I am unable to file for my wife's I-485. Or can I file her case as my PD was current prior to July 1st?

What happens to her status if my I-485 gets approved while she is here? I assume she will lose her H4 status.

We plan to go back to India for 2-3 months on business and return in Oct.
What happens to her status if my I-485 gets approved while we are out of the country.

Please answer above queries and suggest best possible action.


Thanks.
Help: I-485 for spouse
 
Gurus,
Please respond. I am scheduled to fly back August first week and will be back in the country mid-october.

Thanks.
 
Did you considered the possibility of getting your I-485 approved while staying outside of the U.S.? That's where the AP requirement kicks in (because your temporary status gets terminated). Now, at the moment, since all visa numbers are used up there wont be any further approvals. However, the new fiscal year commeces in October and you have a early PD. the approval of your case before mid-October depends on the cutoff date that DOS will set for October Visa bulletin. The good thing is October 2007 visa bulletin will be published during mid September 2007. I would prepone the return date to U.S. if the PD becomes current. This is one possible sulution.
 
Last edited by a moderator:
filed spouse's 485/EAD/AP

With the reversal in the visa bulletin, I was able to file for my wife's 485/EAD/AP.
We are scheduled to fly out of the country next week.
AP approval will take time and my wife cannot use it to return if it is approved while she is out of the country.

I appeared for my second finger printing last week of july (was able to walk into an ASC with an appointment date for first week of may).


My details are:
EB3/India
Labor sub PD June 2001
FP1: March 2005
FP2: July 2007

If I am approved while we are out of the country would mean my wife loses her H4 status cannot return on H4 or use her just filed AP.

I would have to go thru the i-824 route (which I don't prefer)

Gurus, what are the possibilities of me getting approved before we return in mid-october?
 
Card production ordered

I got my second fingerprints on 27th July and wasn't expecting my I485 to be approved anyttime soon (given the fact that there were no visa numbers available). I got a "Card production ordered" email today (08/21) and I assume it means I am "approved".

Now my wife (on H4) and I are currently visiting India and were planning to return mid-october.

I think I lose my H1 status and it invalidates her H4.
Her I485 and AP were filed on 26th July before we flew to India and we don't have the receipt numbers yet. Can she travel back with me to the US?

RealCanadian, you mentioned I can request the POE to parole her in, in case she faces any issues. Is it very common for POE to parole her into the US or should I do something to make it any easier?

Do I have any other options? I can file for I824 (follow-to-join?) and request a consular appointment for her to get a immigrant visa here in India.
Any other option?

Gurus, please respond.


My details are:
EB3/India
Labor sub PD June 2001
FP1: March 2005
FP2: July 2007
485 card production ordered: 21 Aug 2007
 
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