485 filing for dependent : Regression

aaifor

Registered Users (C)
Hello,
I have a PD of May 2004 and was able to file 140 (approved earlier this year) and 485 last Dec.

I am going to get married soon in India (i am Indian). Can i not file for my wife's 485 when she gets here? Why not? Since priority date only referes to LC and she has no LC because she is dependent on me. So PD shouldnt matter for her, right?

If however she cannot file 485 (dependent) and i get my GC (Sure, it is Jan 98

:) ) what happens to her H-4 status?

Thanks a lot.
 
Unfortunately you can't file her GC 'coz your dependents have the same PD as you. I am stuck at the same point.

Long as you maintain your H1 she will have not trouble being on H4.
You wont get your GC before your date gets current, so, when it does you can file for your dependent.


aaifor said:
Hello,
I have a PD of May 2004 and was able to file 140 (approved earlier this year) and 485 last Dec.

I am going to get married soon in India (i am Indian). Can i not file for my wife's 485 when she gets here? Why not? Since priority date only referes to LC and she has no LC because she is dependent on me. So PD shouldnt matter for her, right?

If however she cannot file 485 (dependent) and i get my GC (Sure, it is Jan 98

:) ) what happens to her H-4 status?

Thanks a lot.
 
Sanan said:
Unfortunately you can't file her GC 'coz your dependents have the same PD as you. I am stuck at the same point.

Long as you maintain your H1 she will have not trouble being on H4.
You wont get your GC before your date gets current, so, when it does you can file for your dependent.
Please tell me if you have ever sent your spouse 485 and got returned, thanks!
 
NO, I haven't. But some one else in this forum had mentioned - getting the package back.
jnpr said:
Please tell me if you have ever sent your spouse 485 and got returned, thanks!
 
Sanan said:
NO, I haven't. But some one else in this forum had mentioned - getting the package back.
one of my friends' lawyer is going to try anyway. Could you just mail it and see if it gets returned, and keep us posted here.
 
jnpr said:
one of my friends' lawyer is going to try anyway. Could you just mail it and see if it gets returned, and keep us posted here.

Hope he'll refund the filing fees and the fees for the medical when it gets sent back. :D
 
TheRealCanadian said:
Hope he'll refund the filing fees and the fees for the medical when it gets sent back. :D
the lawyer is going to hold the lawyer fee anyway.
medical exam doesn't need to be included.
I don't believe USCIS will cash 485 check if they return the packge.

So, as my understanding, there is only postage, less than $20 if send by overnight.
 
Refer this

jnpr said:
the lawyer is going to hold the lawyer fee anyway.
medical exam doesn't need to be included.
I don't believe USCIS will cash 485 check if they return the packge.

So, as my understanding, there is only postage, less than $20 if send by overnight.

OI 245.2 Processing.
http://uscis.gov/lpBin/lpext.dll/in...?f=templates&fn=document-frame.htm#slb-oi2451

(a) General. Upon receipt, an application filed in person shall be reviewed to determine whether it has been properly filed (signed by applicant, correct fee submitted, and visa available), whether it is complete, and whether prima facie eligibility has been established. If an applicant is subject to the provisions of section 212(e), the applicant shall not be considered prima facie eligible for adjustment unless a letter or other evidence of approval of the two-year foreign residence requirement is presented. If prima facie eligibility is not established, the application shall be rejected. If prima-facie eligibility is established, the applicant shall be interviewed on the same day, or shall be scheduled for an interview approximately sixty but no more than ninety days later. The applicant shall be furnished notice of the date and of the time of the interview, as well as information regarding the required medical examination (Medical Examination and Immigration Interview, form I-486). An application received by mail accompanied by the proper fee shall be immediately reviewed upon receipt in Examinations. The interview shall be scheduled and the applicant notified in accordance with the above guidelines. An application submitted without fee or without signature should be returned to the applicant by RA&I (AM 2793.24) and shall not be routed to Examinations. (TM 4/86)



When Examinations determines that an application has not been properly filed because a visa is not available and that availability of a visa cannot be achieved by approval of a visa petition or issuance of a labor certification, the application shall not be returned to the applicant; instead, he/she shall be sent an explanatory notice of rejection with such other advice as may be appropriate and shall be informed that a refund of his/her fee is being considered. See paragraphs (b-1) and (c) for action to be taken when approval of a visa petition or issuance of a labor certification would make a visa available. An application which does not establish prima facie eligibility, such as those filed by crewman or transits without visas, shall be denied.
 
so what happened here .. ?

so did USCIS accept spouses ( dependant's) I-485 package even though the priority date is NOT current? just curious to know what actually happened. this may insight thousands who are on the same boat. pl write back.

holding on my breath.

nice day --- thanks.
 
I Tried it,I sent my spouse's 485 application in last june, but it was returned back by USCIS, stating that Visa numbers are not available for my PD.
Please let us know if any one's(dependents) 485 was accepted even if Primay's PD is not current, my SVC is VSC.

_cheetah_ said:
so did USCIS accept spouses ( dependant's) I-485 package even though the priority date is NOT current? just curious to know what actually happened. this may insight thousands who are on the same boat. pl write back.

holding on my breath.

nice day --- thanks.
 
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