485 application for wife

K

Khan_Man

Registered Users (C)
Hello Everyone,

I need some advice please. I applied for my I-485 EB3 in July 2004. My I-140 got approved in March and right now the I-485 approval is the only remaining document awaiting approval.

I got married in July and my wife applied and was granted an H4 visa. She is scheduled to join me in January after graduation.

My lawyers said if my GC is approved before she comes over she will have to apply in London for consular processing for her 485.
If she joins me before GC approval then she can have her application submitted along with mine.

My question is does the retrogession affect her 485 application in any way? I am a citizen of Turkey and she is a UK citizen. Will she have to wait for a few years before her I-485 application is submitted. The information I got from my lawyer is a few months old and I was wondering if you guys could offer me some advice on this please.

Thank you so much for your help.
SK
 
Khan_Man said:
I got married in July and my wife applied and was granted an H4 visa. She is scheduled to join me in January after graduation.
Click to expand...


Simple -- Get Ur wife to US when Ur PD becomes current for few days .... apply 485...

Do not risk Jan ... U might get approved by then...... then Ur wife will fall into that long wait family category.
 
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What is your PD? If you are not holding a Schudle A occupation and not born from India or China, your PD should be before 1 mar 2001 to file a I-485 for your wife, as per october 2005 visa bulliton. If your PD is before 1 mar 2001 your 485 can be approved at any time. Once your 485 is approved, as per your lawyer, she has to come to US in family class thro consular processing.

Your 485 should not be approved before she comes in H4 in January, to file a 485 for her. your PD is he key now. Watch each month visa bulliton and act accordingly.
 
Since you are already married, she does NOT have to get into the family category after GC approval.

She can file a "follow-to-join" to come to the US.

The problem comes ONLY if you marry after 485 approval -- in your case you are OK.

But the best idea is to get her here, file her 485 (if your PD is current) and AP -- she can leave once her AP document gets approved. After that she can come back safely on AP.

Again everything depends on your case type (EB1/2/3) and PD.
 
Hello Everyone,

Thank you for your replies. According to my lawyer since my case was applied for in 2004 the priority date does not apply to me. Is she just leading me on? And could someone please guide me on how to find out what my priority date is. I looked at my I-485 receipt and it does not mention a priority date anywhere. Just says that it is taking 400 days to process such an application.

Thanks for your help again.

SK
 
Khan_Man said:
Hello Everyone,

Thank you for your replies. According to my lawyer since my case was applied for in 2004 the priority date does not apply to me. Is she just leading me on? And could someone please guide me on how to find out what my priority date is. I looked at my I-485 receipt and it does not mention a priority date anywhere. Just says that it is taking 400 days to process such an application.

Thanks for your help again.

SK
Click to expand...
I don't think what your lawyer is telling is "accurate" ! (or maybe she did not tell it clearly enough)
Your PD should be current for your wife to be able to file 485.
Say you are from India, then per the latest visa bulletin, your PD should be before 01 Jan 1998 for your wife to be able to file for 485 right now.

PD is the date when you started your labor process -- this date is found on the 140 APPROVAL notice (not the receipt notice & not even in the 485 receipt) - check your 140 approval to find out your PD.
 
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"...my case was applied for in 2004 the priority date does not apply to me..."

If this is exactly what your lawyer told you, you'd better fire him/her right away!!!
 
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