485 Approved but have a question??

D

ddf007

Registered Users (C)
Hello all !

I got my 485 approval ( WAC-02-034-XXXXX) last week (Apr 07, 2003), and had posted this on an earlier thread.

However my wife has so far not got her approval. My wife has been filed as a "beneficiary" to my 485 application late last year, and so her WAC is WAC-03-XXX-XXXXX. She has finished her fingerprinting in Feb 03, and now the status shows pending status

On enquiring about this on Apr 10, 2003, this I got the replies as below -

IIO: Your wife will be processed in the normal sequence even though she is a beneficiary, as we are not presently processing 03 cases.

My Lawyer: It should come within the next 2-3 weeks, as they cannot delay "beneficiary" cases for long. It shoudl not matter even if she is a 03 case.

Now the above two replies are conflicting and I dont know which one will to beleive. My wife's I-94 expires in September; so have the couple of questions on this as below, in the event that the IIO's statement is true and her approval does not come before I-94 expires -
1. Will her status in US be invalid after her I-94 expires?
2. Does she need to file for something like I-94 extension?
3. I-94 happens to be one of the documents we have to take for the purpose of stamping the passport, when your approval comes in. Will it create any problem at that time?

Request your patient perusal, and responses...

Thanks in advance!
-ddf007
 
Don't worry about I-94 is expiring.

Once you received I-485 application receipt (with WAC-03-XX-XXXXX) from INS, you can stay in US legally as long as the I-485 is pending not when I-94 expires.

At same time, because your wife applied I-485, she can apply for work permit (I-765 also called EAD 'employment authorization document' taking about 180 days but after applying EAD for 90 days she can apply for IEAD 'interim employment authorization document') and travel document (I-131 also called AP 'advance parole'usually takes about 60 days now)

Hope this will help.

Hog
 
wait for 2 weeks or so then...

From my experiance...I too got approved and my wife did not get her approval..so I called 6 times in 2 weeks..ran up my phone bill by atleast $30..but I put in repeated requests to IIOs to send in her file to an officer...and she got her approval in 2 weeks..I think to think those calls did the trick, I dont know what happended in reality though .



To answer your Qs:
1) as long as her 485 is pending..she is in valid legal status..no need to worry. If you plan to travel make sure that she has unexpired EAD/AP combination..since now you are a PR..she cannot be on H4 status..has to be a parolee to travel and EAD to work.

2) No need to file for anything at all.

3) You just have to submit yor I-94 thats all..they can understand why it was expired and why she is still ok as far as status goes.
 
TT,DD

Primary and dependent normally gets approval at the same time or few days here and there but as in dd's case his wife's WAC is -03 so I doubt that she will get approval in near future but with INS any thing is possible. As lawyer is saying that INS can not stop more than 2-4 weeks that's bullshit.

But don't worry about I-94 and status as TT already said. Trust me I am 100% sure.

You can call INS but most probably they will not entertain the request since it is a -03 case, but there is no harm in calling it might work.
 
in the same boat

ddf007, I am in the same boat as you. I got my 485 approval last year i.e. March'02. I was in WAC-01 category and filled for my wife in Feb'02 in WAC-02 category as we got married in Jan'02.

So the story is we are still waiting for her approval. it's been more than a year now. What the IIO told you is true. My lawyer said the same. They won't pick her case till the JIT date pass her reciept date. Doesn't matter if she is a "beneficiary".

Expiring I-94 is not an issue as long as her 485 is processing. My wife's I-94 expired in May'02. She went to India on AP in Dec, came back in Jan, got a new I-94. So don't worry about I-94.

Let me know if you get your wife's approval in few weeks or like what your lawyer says they cannot delay "beneficiary" cases for long. If that is the case, I need to push the IIO for my wife's case.
 
In the same boat.

I am in the same boat as you guys. My lawyer sent my case to VSC and my wife's case to CSC. I just got mine approved recently. My lawyer said that they are going to forward my approval notice to CSC soon and that I should not expect anything in the next couple of months since CSC is very very slow now. :( My wife's case is a 2003 Jan case.
 
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