140/485 Dilemma

[Schattenjager]

I need advice for a friend of mine. Here are the details of his case. Gurus pls. help:

My I-485 application was filed in March 2004 through my employer at the Vermont Center. I got married in December, 2004. My wife just got H-4 visa stamped but has personal commitments and cannot come to US before end of April, 2005. In the meantime, Immigration Services has issued an RFE for my I-140 application and have requested my employer to submit additional documentation before April 15, 2005.

I need to know:

1. Once this additional documentation is provided to USCIS, what are the chances that my AOS will not be approved before the end of April so my wife can join be by that time (my finger prints were taken in November, 2004)?

2. Is it possible for her to file for AOS if my AOS has been approved but she has already entered the US on her H-4? Will she have a legal status in USA in the interim?

3. Roughly how long does she need to wait before she can travel outside US assuming AOS is filed before my AOS is approved? Does she need to wait for AP or she can leave after the application is filed?

4. If my wife has already applied for her AOS paperwork, goes out of USA and in the meantime, my AOS gets approved, can I mail her AP so she can enter US using that? Is that legal?

Appreciate your help.

 

[Jharkhandi]

I need advice for a friend of mine. Here are the details of his case. Gurus pls. help:

My I-485 application was filed in March 2004 through my employer at the Vermont Center. I got married in December, 2004. My wife just got H-4 visa stamped but has personal commitments and cannot come to US before end of April, 2005. In the meantime, Immigration Services has issued an RFE for my I-140 application and have requested my employer to submit additional documentation before April 15, 2005.

I need to know:

1. Once this additional documentation is provided to USCIS, what are the chances that my AOS will not be approved before the end of April so my wife can join be by that time (my finger prints were taken in November, 2004)?

No one can predict it.

2. Is it possible for her to file for AOS if my AOS has been approved but she has already entered the US on her H-4? Will she have a legal status in USA in the interim?

Yes it is possible, as long as they can show that they were married before AOS was done. Time between your friend's approval and his wife's filing AOS will not be counted as legal stay, but usually H4 people are not scrutinized much. As soon as she files her 485 - she is fine to go anywhere on AP.

P.S. If they plan to delay 485 filing, they should keep in mind that reciept should arrive within 180 days of your friend's approval, they should be fine (may have to pay penalty of $1000). However if she is caught by DHS folks during these 180 days(when she is without 485 receipt), she may be deported. (don't want to scare you - law says so).

3. Roughly how long does she need to wait before she can travel outside US assuming AOS is filed before my AOS is approved? Does she need to wait for AP or she can leave after the application is filed?

AP is must.

4. If my wife has already applied for her AOS paperwork, goes out of USA and in the meantime, my AOS gets approved, can I mail her AP so she can enter US using that? Is that legal?

Appreciate your help.

Sending any immigration papers outside USA, unless authorized so by USCIS, is illegal. If caught, lady can be denied entry into USA and may get cancellation of AOS too.

If those folks want to stay separate for a year or so - tell them to file CP for the lady.

From my side I would add:

Get CP filed anyways and without delay - it is your fallback option.