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Hi @newacct - a quick question please. My I-539 extension allows up to mid-Dec. But receipt notice of 485 may take beyond that. Am I authorized to stay. What if they inform me of rejection of petition after mid-Dec? Does USCIS take same time to reject as well?

So @newacct does this indirectly imply that in this case, a derivative (spouse/child) can file 485/944 even without consent of principal, if they can prove relationship and self-sufficiency exists. If so, it seems US wants derivatives to immigrate...period!

Basically I wondered why principal does not need to petition (I130 or 824) and only derivative's petition suffices. I mean USCIS does not need any statement or signature from principal - that made me wonder. What you wrote makes it amply clear @newacct - so is I-130 only for cases where marriage...

Hi @newacct - awaiting your advice.

Hi @newacct - Is there any USCIS or related documentation that actually says 130 need not be filed if principal applicant mentioned spouse name and marriage in 140. Actually I am jittery about this coz wherever I read, it says sponsoring spouse has to petition with 130

And a supplemental query - If priority date is to be entered from current (Nov) visa bulletin for her EB category, is it the Final Action date or Date of Filing Application?

hI @newacct - I asked this once, but still unclear. If wife already GC, then in 485 Part 2 Item 18, do I fill her underlying petition receipt (140 or 485?) and its priority date?

And in summary, in my case of spouse of employment based GC holder where marriage occurred much before GC, I am going to file 485 & 944 (plus 765/131) and both 130 and 864 are not needed.

Thanks @newacct as per your experience, is it ok to file without 693 (and send 693 in 1-2 weeks). Not a reason to reject right.

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

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

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.

A few minor queries if you can assist @newacct - thanks in advance! 944 part 3 asks for assets in US & overseas. If income is high (4-5 times FPL), do we need to show all assets or maybe just show a few bank balances 485 Part2 item 18 asks PD of principal's underlying petition 140. If she...

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...

@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...

Sorry for being so specific. I guess a generic question is - for last 5 years of physical address in 485, is it advisable to mention all stays in US matching with I-94 record.

Thanks a ton @newacct - I got stuck at a critical point. 485 Part 3 asks for last 5 yrs physical address. - 2017 to present, I visited US on B1 many times, stayed in CA (relative) and NJ (wife's address). At border CBP, I gave CA address. - 2015-16, I was on H1 but went to home country many...

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?

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?

Also, I have to say much thanks and appreciation for your inputs. Can you also suggest an attorney to engage?