485 of Primary Applicant approved but Dependent AOS application filed three days afte

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NeedGCInfo

New Member
Hello Everyone,

I am in situation where my 485 application got approved on June 25th,2007 ( EB3 India - Substitute labor - Nov 2001 priotity date, 485 filed in May 2005, CSC - > NSC on Feb 14th, 2007). I don't know if I should be happy or not as my wife's AOS application was not filed before mine got approved.

I could not file the AOS application for my wife as I got married in Feb 2006 and the priority dates were not current. My date became current as of June 1st, 2007. So we have prepared the documents required for my wife and sent the application on June 26th (It will take a day or two to get USCIS).

In the meanwhile, on June 25th late night I received the email saying that my "485 - On June 25, 2007, we ordered production of your new card".

So the question now is that :

1. As my application is approved, is my wife considered out of status ( I was on H1B till now and wife on H4).

2. As the application of wife is sent now, will it be returned back as my application is already approved?

3. Should we send any other any additonal documents again as a follow up to my wife's application to explain the situation. I am not sure what needs to be done now.

4. Are there any other potential issues with this scenario?

Any help or insights will be much appreciated.
 
It does not matter when your spouse's application is sent. The important thing is that you were MARRIED before your I-485 was approved.

There is provision for this in law, such that while she is out of status, her petition is accepted, and she will be in adjustee status.
 
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