Can derivative be approved if namecheck is pending for primary ?

troubleshooter..

Yes..my spouse got approved... mine still pending and I am the primary..

Is your derivative application got approved as well with primary pending
 
For some reason my spouse get everithing really easy and my application is more scrutinized. I dont know why.
We are from different countries though.
 
got LUD on spouse today

Spouse is not approved but got a LUD on spouse 485 today(8/15). In infopass it was told that primary name check is pending but all clear for spouse. So I asked if there is a ny chance that spouse will be approved soon. also spouse EAD is pending for more than 90 days. can this 485 lud be related to EAD ? I hope they will approve 485 when they go to EAD file.
 
Join the club.
I am the derivative and I got the physical card a few days ago and my husband's name check is still pending.
Really frustrating!!!!
 
Well, as per my lawyer, it is quite normal that derivative's getting cleared and the primary getting delayed. From his point, that is good news for the primary and the dependent since primary will eventually get it may be after few months. However if it is the other way, then that means the dependent is stuck on name check and there is no certainity when that will happen
 
I am at NSC and recently after a letter to FL came to know from FBI that my spouse's name check cleared but mine is still pending. I am the primary applicant and spuse is derivative.

I called up NSC and was told that they can not approve my spouse's case till my background check is cleared.

Wait&Wait what was your RD ?

Thanks,

july022007 said:
Well, as per my lawyer, it is quite normal that derivative's getting cleared and the primary getting delayed. From his point, that is good news for the primary and the dependent since primary will eventually get it may be after few months. However if it is the other way, then that means the dependent is stuck on name check and there is no certainity when that will happen
Click to expand...
 
in my infopass experience. i was told that primary approval is essential before they dalo ghaans to the (approve) derivative cases.

maybe those who saw exceptions used patli gali (were cases such as spouse from different country, NIW etc etc)
 
mehro said:
in my infopass experience. i was told that primary approval is essential before they dalo ghaans to the (approve) derivative cases.

maybe those who saw exceptions used patli gali (were cases such as spouse from different country, NIW etc etc)
Click to expand...

I agree with mehro or at least my understanding is the same
 
mehro said:
in my infopass experience. i was told that primary approval is essential before they dalo ghaans to the (approve) derivative cases.

maybe those who saw exceptions used patli gali (were cases such as spouse from different country, NIW etc etc)
Click to expand...

What Patli Gali? :p
My husband and I are from the same nationality with straightforward names and been in the same jobs from the time labor was applied which was sometime in 2001. :confused:
I wish there were a lot of patli galis to explore! :)
 
bigbang2001 said:
I am at NSC and recently after a letter to FL came to know from FBI that my spouse's name check cleared but mine is still pending. I am the primary applicant and spuse is derivative.

I called up NSC and was told that they can not approve my spouse's case till my background check is cleared.

Wait&Wait what was your RD ?

Thanks,
Click to expand...

July 2004. :)
 
When we called for my wife & kid they said since mine is pending due to namecheck, they can't approve their's. It make sense because what if the primary is NOT approved, then why did they give permanent residence to the dependents. Now usually when we are pending b/c of namecheck the presumption is that when NC is cleared case will be approved, so not much problem with dependents getting it earlier I guess.
 
Its quite possible with USCIS. Anything and everything is possible with them.

Guys... Dont try to draw any conclusions about the behaviour of the USCIS approval process/norms.. They can and will do anything they want.

Bottomline: If you are approved Happy... Otherwise be part of the Waiting N Waiting Game....
 
during Inforpass, IO told that your spouse case is good to go nad it is ready for assignment to officer. He didn't say that it can not be approved because primary namecheck is pending. Now I see a LUD on spouse 485 on 8/15. Any guess ?
 
troubleshooter said:
during Inforpass, IO told that your spouse case is good to go nad it is ready for assignment to officer. He didn't say that it can not be approved because primary namecheck is pending. Now I see a LUD on spouse 485 on 8/15. Any guess ?
Click to expand...

Changes are likely that your spouse will get approved before you. This was the same thing for me. But you never know..... USCIS might surprise you and approve both of yours at the same time. :)
Good Luck!
 
Well, USCIS may not approve derivative case while the beneficiary's one is still pending. Even if they do so, they can get back to the approved case later and withdraw it. I've seen a few situations like that already. However, they might have made such approvals during last three month, since there were tried to use up all the visas available. I am sure they did many things that they would have never done under normal circumstances
 
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USCIS is not approving spouse EAD also. It is pending for more than 90 days. I am hoping they want to approve spuse 485 so they are not approving EAD. bTW, IO today told that spouse 485 case is under review.
 
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