485 for wife

[desiladka]

My 485 is in the final stage. It is not approved yet. I am still single. I am getting married in 2 weeks. Can she be added as a derivative?

I have got conflicting answers to my question. I have been always told by my attorney that as long as my green card is not approved, I can get married anytime and my wife would get green card along with me with a mere adding her to my application.

After some research today, I was told and read that we cannot apply for her 485 since the priority date is not current. But the thing is when the priority date gets current my 485 will be approved since that is the only reason it is not approved as of yet. Technically if my 485 gets approved, then she has to wait for several years to get her green card on basis of marriage with me. This does not make sense to me.

Any ideas???

 

[dinks2006]

Here is my understanding:

You can apply for your wife's 485 (assuming she is already in US) as a derivative even after your 485 approval provided
(1) you are married before your 485 approval.
(2) your priority date is current.

If you get married AFTER your 485 approval then you have to use the family route which takes years.

Make sure you are married before 485 approval and
apply for her 485 as soon as your PD becomes current.

Keep in mind that if your 485 gets approved and your PD retrogresses before you apply for wife, then you can't apply for her 485 until your PD becomes current again, which might take years. So apply for her 485 as soon as your PD becomes current.

dinks

 

[YRGOPAL]

Desiladka

I'm sorry for answering a question at the wrong time, but if you have time please reply to this.

My case has been denied based on the missing labor(sub labor) in 2005 and filed MTR for me and my wife. MTR got opened but the matter only on the I-140 is updated not on the I-485, filed for my 3rd EAD in April and it has been more than 90 days and have not received my EAD as of today. If they do not open my I-485, don't they approve my EAD or is there any other reason. It looks you were also in the same boat some time in the last year. Did you go to the USCIS local office and get your interim EAD or it got approved on it's own. Please let me know, I'm really more worried of what to do for my EAD. My DL is getting expired by the end of this year and even the renewal of that depends on my EAD, because I do not have any H1 behind my GC(which has been stopped since Feb 2005) for any other option.

Is it good to go to any USCIS, right now I'm at cousin's place at Charlotte, basically from Delaware. Is it OK to go and get the interim EAD from Charlotte office , is that OK. Please give your valuable suggestions.

Thanks
Gopal