Sincerely Ask for Help!!! How to Delay 485 Approval

J

jnpr

Registered Users (C)
My spouse will not come to america until 6 months from now. I really want her to come as H4 and then file 485 after that. So, I don't want my 485 approved when my wife is still abroad, then we will be separated for at least 1 or 2 years.

What's my option?

I have used AC21, changed my address from east to west coast. I really hope my case could be transferred to local office so my 485 is not approved too soon.

I really appreciate your help. Any advice or personal experience could be very helpful. For example, should I call the customer service saying my marrital status changed after the application? could I ask them to transfer my case to local? How to guarantee all kinds of RFEs? How to raise all kinds of flags so my case could be postponed? Thanks a lot!

RIR: 1/3/3
RD: 6/1/7
LUD: 12/19/7 (address change)
 
abhuda said:
1. Withdraw your I 485 or
2. Go for consular processing of your I 485
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I've invoked AC21 after 180 days of 485 submission so I'm not with my 485 sponsor any more. If I withdraw 485, I have to restart the whole process. Is there any other way to postpone it? Thank you for your reply.
 
Have you read this page and do you understand it fully?

Also, there is a long (long long) discussion of all of this here, but you may need to search through it though...
 
Do you have H1 transferred to your new employer? If you invoked AC21 without H1 transfer you are not in H1 status, so your wife cannot apply for H4.
 
rir_or said:
Do you have H1 transferred to your new employer? If you invoked AC21 without H1 transfer you are not in H1 status, so your wife cannot apply for H4.
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Yes I got new H1B approval already when I invoked AC21 180 days after 485 application. At this time only I-824 takes more than one year to process, so "follow to join" will take at least 1.5 year.

If my 485 is not approved soon until she can get passport (she's still with military without passport), then she can come here with H4 visa and apply 485.

So, I really want to find a way to delay my 485 (such as ask sth to trigger many RFEs or transfer my case to local office) but not withdraw 485.
 
This is a peculiar problem. Try asking a question how many people invoking AC got their petitions approved without RFE. If it turns out it is statistically unlikely to get the petition approved without preceeding RFE for employment EVL you don't have to do anything but bringing your spouse before replying RFE. And don't worry about a year. Time just flies by...

BTW, if you add spose in the last moment you better include with her petition proof of bona fide marriage and the explanation of your strategy right away... It smells fishy.
 
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rir_or said:
BTW, if you add spose in the last moment you better include with her petition proof of bona fide marriage and the explanation of your strategy right away... It smells fishy.
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Since they're already married and have been so for a while, it's nothing to worry about.
 
I've seen people married for 5-7 years and living together getting RFEs. This couple is obviously separated.
 
rir_or said:
Yes, proof of marriage.
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Yes it is mostly marraige certificate. That is the proof. But everyone has t6o do that. That is not checking the validity of the marriage but to establesh the relationship. They do that with Marriage based cases..
 
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TheRealCanadian, Any ideas on how to slower down the 485 process?

TheRealCanadian said:
Since they're already married and have been so for a while, it's nothing to worry about.
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like how to ask for RFE(but ony could delay for less than 3 months) or ask for local office transfer? thanks.
 
jnpr said:
My spouse will not come to america until 6 months from now. I really want her to come as H4 and then file 485 after that. So, I don't want my 485 approved when my wife is still abroad, then we will be separated for at least 1 or 2 years.
Click to expand...
So hurry and get her an H4 now, bring her to the US and file the I-485, then let her go back and wait for 6 months.
 
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