Addition of my spouse to my I-485 process

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maverick1976

Registered Users (C)
I filed for my I-485 on 12 Sept 02 with the Nebraska Service Center. I have a Reciept Date of 12 Sept' 02 and a Notice Date of 25 Sept '02. My finger printing notice arrived sometime last week and I have to get my finger pritns in between 10/31/02 and no later than 1/23/03.

Now here is the problem , my girlfried is also in the US and is working for a different company on an H1-B visa. We plan to get married sometime in Jan. 2003 and I can add her name to my I-485 application only after that.

I have asked several people as to how late in my I-485 process , I can add my spouse ? Some say 4 months , some say 6 months ... Is there a rule for this condition. Also what if , I get my I-485 approval in the mean time. (I know its highly unlikely , but one can never say with the INS).

I guess my question is , If I do get my I-485 approval and I have still not added my wife to my I-485 application, what's the procedure for her to get a Green card. Can she file for I-485 on the basis that I have a Green Card and she is already in the country. If yes , how long does it take to get one in that case? If no , whats the procedure for her to get a green card ? :confused:

Any responses to this post would be greatly appreciated. :)

thanks,
Maverick
 
savant123456, if you had read my post carefully you would found that I wrote 'Not sure exactly. " immediately after the part that I am not sure. That's also what maverick1976 heard from others.
It's good for you to bring here attorney's point of view.
To make it concise and mroe accurate. I deleted all my previous post.
 
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There is no time limit for this. You can add your wife anytime before the 485 gets approved. Now that might take anytime between 6 months to a year !! .. BTW I am in the exact same boat so believe me I have collected a lot of information on this subject. Another thing, as long as you get married before your 485 gets approved, you are all set, then you can apply for your wife's 485 based on your 485 even after your 485 gets approved. But the key thing to keep in mind is that you need to get married BEFORE the dammned (sorry !!) 485 gets approved.

For more info see this link:
http://www.murthy.com/UDmar485.html

BTW - mlvyka pls dont give wrong info or info which you are not sure about, there is no such thing as a 6 month limit
 
same applies here too !!!!

Even I am in the same boat.
We got married before my I485 could be approved .
This was suggested by my lawyer that as long as I am married before my I485 gets approved it's ok .
So I can go ahead and add my spouse's name along with mine for the GC.
I have a question.

My spouse has applied for employment based GC oand is waiting for the I485 approval. My spouse's RD and ND dates are much before mine.
What if my spouse's own GC is not approved by INS? I mean will it affect my spouse's spouse based GC processing ( which will be thru me) . is it going to make INS cancel my spouse's 2nd GC too if my spouse's own GC is not approved .

Serious answers appreciated.

thnx
 
Thanks guys for your quick response ? :cool:

So what I am hearing is that I need to add my spouse (i.e. get married ) before my I-485 gets approved. Now , the only thing in my control is the finger printing. Till my finger printing is not done , my I-485 won't be approved.

What do you guys feel about postponing my finger printing ?
How soon would I get another notice ?

Is this a regular practice ? Does this delay the approval time ?

Any ideas / experiences / facts ?

Thanks,
Maverick
 
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