A quick clarification @newacct - you said I check I-485 Part 8 62d but it says I am not a relative of I-140 petitioner.I-864 is not needed since you guys are in an employment-based category (on your I-485 you would check the box in Part 8 #62d). I-944 is still needed.
The petitioner is the company that filed the I-140 petition. Your wife is the principal beneficiary. You are a derivative beneficiary.A quick clarification @newacct - you said I check I-485 Part 8 62d but it says I am not a relative of I-140 petitioner.
Isn't that wrong or ironical...since I am the spouse of I-140 petitioner. Or does I-140 petitioner here imply the company that sponsored wife's GC?
The official "received date" needs to be within 180 days. You won't know what the actual "received date" is until you get the receipt, but it is usually no more than one or two days different than the date the mail was delivered to USCIS. Try to send it as early as you can. If you are confident that it was "received" on time, then you can stay and wait for the receipt.Hi @newacct - another tiny query. Once my 485 is filed within 180 days (245K limit) but its 797 receipt comes after that limit, am I legally fine to stay?
That section asks for the places you lived. So I think it's the physical address of the places where you resided. But the wording is confusing@newacct - thought you suggest I just mention my H1 stays in US, I am curious if physical address means where I was physically during last 5 years.
My I-94 history has long B1 visits, including entire 2020, during which I filed 539 extension with CA address, filed a return with NJ address, both of which go with 485/944. So can I still skip it from physical addresses? Or just to be safe, mention B1 stay addresses just in case they match with attachments.
Yes, if you married after she got her green card, then she would have to petition you to immigrate. Otherwise, if you married before she got her green card, and her category allows derivative beneficiaries, and she has not become a citizen, you can immigrate as her derivative beneficiary. It's not only for employment-based categories.Also @newacct may I go back to our original premise of filing 485 as derivative without 130 as marriage was much before GC (almost 20 yrs before GC) and employment based GC 140 mentions spouse's name.
But wherever I read, it says spouse must petition I-130 for alien relative first. So is that only cases where marriage is after GC? Or is it for cases where principal spouse did not get employment base GC?
No, you should put the I-140's PD. It's possible that the visa bulletin retrogresses, so they still need to check whether a visa number is available for the category and priority date.485 Part2 item 18 asks PD of principal's underlying petition 140. If she already has GC, should we leave this blank?
Although out of status days do not count while I-485 is pending for this I-485, out of status days during a pending I-485 still count for a future I-485. (Of course, if your I-485 was denied in error, you can challenge that; but if your I-485 was denied correctly, you would not be able to file another I-485, since the out of status days for 245(k) would count from your I-94 expiry, including the period when your first I-485 was pending, and it would be more than 180 days.)And a slightly convoluted query - if 485 is denied, does the time after denial gets added to past out of status days (post I-94 expiry), OR does the entire period when 485 was pending also gets added? I saw most online posts says only post denial period is added.
It does not matter.Hi @newacct - barging in with one more general query - I entered on B1(business visa), not B2. Then filed extension and now filing 485. Does it matter if I entered on B1 vs B2
Yes, I think that's right. Phoenix or Dallas depending on your state.Hi @newacct - As derivative spouse of employment based GC holder, should I file 485 at Dallas or Chicago? My guess is Dallas - it says for I-140 petitions, but it does not say for spouses as well