485 Approved, what happens to my wife???

C

comrad

New Member
Hi All,

I have been reading you comments for a while and appreciate your help. Now I need some help that I could not find in this forum yet.

On 05/02/2005 my 485 got approved. Yippeeee.

But..

Here is my problem:

I was in status H1B since 1999. My wife had H4. If I am correct, as of my 485 approval date I lost my H1B status as well my wife lost her H4. I am fine of course with the PR stamp should be in my passport shortly, but what happens to my wife now. I found some material about V visas, but it seems like spouses only eligible if they waited at least 3 years outside the US. Needless to say we are in the US for 6 years. And we have a 4 weeks old BABY BOY who is a US. Citizen.

We have not filed for my wife's PR yet. But it looks like she would need to leave the US and wait years to get her P.R. !!!!

Our family could stay together while I had H1B, but now I have PR so WE HAVE TO SEPARATE for YEARS????!!!! NO WAY!!!

Is the system screwed up even more than I thought, or I am just interpreting the law wrong. (I hope I am dead wrong here…)

Is there a visa that my wife can get ????

Your help is greatly appreciated.
Dear Comrad.
 
While your question can be answered best by an Immigration Lawyer, I am just curious why you didn't apply for your wife's PR, alongwith yours. Did your PR sponsoring company advise against it or is there some other factor ? Please feel free to express whatever you feel compfortable sharing with this Forum.
 
comrad said:
We have not filed for my wife's PR yet. But it looks like she would need to leave the US and wait years to get her P.R. !!!!

Our family could stay together while I had H1B, but now I have PR so WE HAVE TO SEPARATE for YEARS????!!!! NO WAY!!!
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No, you are not screwed up.
Your wife is without status now, but she will be covered under 245(k). She does not need to leave USA. But you must file your wife's I-485 within 180 days from your approval date. File her I-485 ASAP.
 
Thanks for the replies,

We did not file 485 together because of our significant amount of stupidity. Add some misscommunication with an attorney and we have a problem. I seriously thought that getting my wife's immigration status after I have my PR. will be easy. I found out later that it is not any easier then applying for PR. sponsored by an employer.

If we apply for 485 in less than 180 days, what will my wife's status be until we get 485 or 130 approved?? That could take 4-5 years...


Thanks!
 
comrad said:
I found out later that it is not any easier then applying for PR. sponsored by an employer.
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It's 100 times easier. Your wife files an I-485, nothing more. That keeps her in legal status until ajudicated. If she wants to work or travel she files for an EAD/AP.
 
And what happens if the 485 is pending and our friend here wants to change the job? Do they have to file AC21 also? Cause 485 is employment based adjustment, right?
 
starjeet said:
And what happens if the 485 is pending and our friend here wants to change the job? Do they have to file AC21 also? Cause 485 is employment based adjustment, right?
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You haven't given nearly enough information to get an answer. Who's the friend? Primary? Dependent?
 
I was referring to the person who started this thread - comrad. You have mentioned that it is easy for her to file a 485 and if she wants to work or travel she need EAD / AP. So that is clear but if comrad changes job does he have to file for AC21? Note that he has his LPR status. or is the pouse 485 not so tightly tied to the employer?
 
starjeet said:
I was referring to the person who started this thread - comrad. You have mentioned that it is easy for her to file a 485 and if she wants to work or travel she need EAD / AP. So that is clear but if comrad changes job does he have to file for AC21? Note that he has his LPR status. or is the pouse 485 not so tightly tied to the employer?
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Spouse case not tied with employer. Usually If Primary gets GC then spouse will get the GC.
 
starjeet said:
So that is clear but if comrad changes job does he have to file for AC21?
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He's a permanent resident. He can do whatever he wishes.

Note that he has his LPR status. or is the pouse 485 not so tightly tied to the employer?
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Tammy is correct. The spouse is self-petitioned - she is eligible for a GC solely by being married to a GC holder at the time permanent residency was granted. There is no tie whatsoever to the employer, and actually there is next to no tie to the husband, so long as they remain married.
 
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