adding spouse... rejected

D

DA

Registered Users (C)
Guys need some input....

My 485 was filed last year (jan 02). I got married couple of months ago and filed my wife's 485 as derivative but BCIS rejected the application saying that she can not apply as derivative. While all this was going on, they approved my application (approval was couple of months after marriage). Not sure what to do.

Has anyone got married after filing 485 and later on added her/his spouse to their application successfully?

Thanks
 
Last edited by a moderator:
I understand that you can opt for Follow to join, since you got married before approval of I-485.
 
Hi,

I got married in early Sept 01, my spouse had applied for 485 well before that. My spouse's approval notice was received at the end of Sept 01. My 485 application was filed in Nov 01 and approval was received in May 03. Mine was a derivative application. I am not sure if the rules have changed since then. So you might want to check back with your lawyer to ensure that all relevant documents were properly filed.
 
DA,

Was your wife in US on some valid visa while you filed her I-485? If yes, then BCIS is wrong.

If you had used your EAD (which makes your H1 invalid, even though the stamp on the passport may be valid) before you got married then your wife cannot enter on H4.

If your wife was out of US you cannot file I-485 for her and have to do follow-to-join.

Since the marriage itself took place before the approval (of the primary applicant), you are fine (assuming there are not other problems in your case.)


These are my understanding. Consult your attorney to verify that all supporting documents were submitted to BCIS.


---sgi
 
Thanks

Thanks for all the replies.

my wife is here on H1. our lawyer said that there should not have been any problem. Lawyer has sent the application again.
 
you can file I485 for Follow to join before approval of primary's approval of I-485. Once Primary I485 approved , you can not file follow to join .
But she is on H1B then you can file I485 own .
just my gess .
 
ajs2

Originally posted by ajs2
you can file I485 for Follow to join before approval of primary's approval of I-485. Once Primary I485 approved , you can not file follow to join .
But she is on H1B then you can file I485 own .
just my gess .
Click to expand...

That piece of information is not accurate. Pls do not post unqualified speculation here.
 
I'm a bit worried too after reading this post. My wife's case is pending since Jan 2002. Her application was also a follow up.Mine got approved in Feb 2002 and her's is still pending. So look in our case her application was accepted and her finger printing is also done.
 
Any more experiences

Guys,

Could you please post your experience regarding adding spouse after filing 485 (success/fail/pending).

Thanks
 
urgent

guys what if the spouce came on b1/b2 visa dn got married to some who in the stage of i485 pending, still the person can apply for her follow to join, any sucessful case, please give me advice
thanks
 
Re: urgent

Originally posted by smile280
guys what if the spouce came on b1/b2 visa dn got married to some who in the stage of i485 pending, still the person can apply for her follow to join, any sucessful case, please give me advice
thanks
Click to expand...

She's not "following to join". She's already here. Of course she can file an I-485. My wife filed hers when she was in B-2 status.
 
You must log in or register to reply here.
Top