485 stage, layoff, marriage -- Need Advice

D

DA

Registered Users (C)
Hello guys and girls,

My 485 was filed in more than one yr ago and I got married couple of months ago.

I was going to file her 485 application just after the marriage but unfortunately I lost my job.

Here are my questions:

1. Do I have to file her GC before my application is approved? Even though marriage took place before approval.

2. What are the steps for filing her paper work since I don't have a lawyer at present. She is already here on H1 visa.

3. She is already here on H1. Will that cause any problem?

Any information will be helpful and I would appreciate if you can point me to any other discussion forums also.

Thanks,

-D
 
Last edited by a moderator:
My 485 was filed in more than one yr ago and I got married couple of months ago.

I was going to file her 485 application just after the marriage but unfortunately I lost my job.

Here are my questions:

1. Do I have to file her GC before my application is approved?
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Yes, you have to do it quickly before your approval comes through.
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2. What are the steps for filing her paper work since I don't have a lawyer at present. She is already here on H1 visa.

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I saw one posting today regarding a guy who got the approval. He infact added his wife later on. I tried to search for the message but could not find it.
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Pray that you should get your approval only after you added your wife.
 
DA, its a good idea to apply for your wife's 485 as soon as possible. Not to scare you, but if you apply for her after your GC is approved then it will take around 5-6 years to get her GC approved. Wish you all the best.
 
Originally posted by gemmegc
DA, its a good idea to apply for your wife's 485 as soon as possible. Not to scare you, but if you apply for her after your GC is approved then it will take around 5-6 years to get her GC approved. Wish you all the best.
Click to expand...

So long as the marriage took place before the I-485 approval there should be no issue. The spouse can file the I-485 at any time.
 
You can file your spouse (follow-to-join) anytime

You can file your wife's 485 (It would be direct 485 - no prev steps) anytime - before or after - your approval.

Get a help of lawyer... my lawyer charged 500$ for filing + INS fees... That would take care of all the paperwork..

Earlier you file, better it is as her RD would be sooner... but no other legality.
 
You can file your wife's 485 (It would be direct 485 - no prev steps) anytime - before or after - your approval

This is not true. The only way for your wife to get GC with you is to file before your I-485 is approved. I you file for her after your approval, she will fall under an entire different AOS category: a spouse of a GC holder. In that case her GC may take 4-5 years, there is a long line for this type of applicants at every service center.
 
Originally posted by MN_Gal
This is not true. The only way for your wife to get GC with you is to file before your I-485 is approved. I you file for her after your approval, she will fall under an entire different AOS category: a spouse of a GC holder. In that case her GC may take 4-5 years, there is a long line for this type of applicants at every service center. [/B]
Click to expand...

Incorrect. The date of the marriage is the driving force behind what category the wife falls into. If she was legally married to the GC holder before his I-485 was approved, she is entitled to a derivative petition of his EB-485, and can file at any time with no wait, or a follow-to-join I-824 can be filed.

If she does not get married until after the I-485 is approved, she must be sponsored via an FB-2 I-130. In such a circumstance, the usual priority date waits do apply.
 
Real Canadian - Real Answer!

As long as the Marriage date is before the I-485 approval date, it doesnt matter.

As for the 3rd question : why would that cause any problems? Her status doesnt matter as long as she is here legally

Real Canadian : Did you get your interview call yet? You are from ATL arent ya?
 
Re: Real Canadian - Real Answer!

Originally posted by patienceGC
Real Canadian : Did you get your interview call yet? You are from ATL arent ya?
Click to expand...

Heard absolutely nothing. BCIS in Atlanta tells me that I have about 8 months to wait, but the recent processing times indicate that Atlanta is handling I-485 interviews 400-500 days after the Receipt Date. As I am over 620 days, I should be in line for something soon.

BCIS Atlanta is soooo messed up.
 
Thats Stinks

Try contacting

Zell Miller or Saxby Chamblis.

Those two havent done cr@p, they can at least do this!
 
Will her GC be approved around same time as mine (my RD is Jan'02) or her GC will be approved based on her RD?

Also, can she file for H1 extension even though we are planning to file for her 485 papers?
 
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