My wife's 485 has been pending since 2003. My 485 (primary) got approved 2.5 years back.
My wife wants to stay in India for at least two years due to kids studies. She will be leaving in Feb or March. Is it possible to obtain AP for longer stay?
PD: 09/02 EB3 India.
If her I-485 is still pending when you become eligible for citizenship, don't apply for citizenship*. Because if you become a citizen, she (and your children, if they are noncitizens) will lose eligibility for a derivative green card.My wife's 485 has been pending since 2003. My 485 (primary) got approved 2.5 years back.
No. They give a max of 1 year. But if you have H1B status she can get an H4 which may be valid for up to three years (depending on how many years of H1B status you have remaining and how much H4 status she has already used herself), which would allow her to stay outside the US until the H4 expires.Is it possible to obtain AP for longer stay?
----------------She should file for AP while in US and should depart US when she has approved AP in hand. She need to be back BEFORE AP expires. USCIS gives AP only for 1 year.
If you are on H1 status and have not used EAD then she can also get H4 visa stamp based on your H1 and she will get H4 visa till your H1 approval validity.Keep valid AP as back up if any problem for H4 stamp.
**** What is the reason for delay in her I-485? why her I-485 was not approved when your I-485 got approved??? Kids may be also having I-485 pending or born in US??
I have no idea why the uscis suckers holds my wife's case. My kids were born here. Even I have requested for cross chageability two times since she was born in non-retro country. As of now no luck.
I have got 5 APs for her so far from 2003. I thought we can get one for longer period. Thanks.
All countries are retrogressed right now in EB3. It's just that India and China are retrogressed worse than others. So requesting cross-charageability right now won't make a difference, as your PD is not current even for EB3 ROW. They even might have applied the cross-chargeability but you don't know it because nothing is happening due to your PD not being current.I have no idea why the uscis suckers holds my wife's case. My kids were born here. Even I have requested for cross chageability two times since she was born in non-retro country.
All countries are retrogressed right now in EB3. It's just that India and China are retrogressed worse than others. So requesting cross-charageability right now won't make a difference, as your PD is not current even for EB3 ROW. They even might have applied the cross-chargeability but you don't know it because nothing is happening due to your PD not being current.
Right now they are at June 2002 for EB3 ROW, about to move to August 2002 next month. But the USCIS prediction is for substantial movement in EB3, possibly up to 2005 by the end of FY2010. So it's likely they will reach your PD by Feb or March. When it is the month before your PD is about to become current for EB3 ROW, that is the time to make a big push for cross-chargeability. Submit proof of her birthplace including a copy of her birth certificate (and passport, if it shows place of birth), along with a copy of her I-485 receipt. Send the request with delivery confirmation so you know they received it.
They usually don't reply. They just do it, or they ignore it. So they could have applied it and you don't know. Make an Infopass appointment to find out what is her country of chargeability.You're right. But, I tried for cross chageability when it was current (two years back before and after my case got approved). They didn't even reply.
thanks for the reply guys. what do you mena by "cross-chargability got applied"? I don't get it. Please let me know. Thanks.
USCIS case status online:
Initial Review
"On October 29, 2003, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or contact our customer service center at 1-800-375-5283."
You said you requested cross-chargeability because she was born outside India. I am saying that they may have already processed your request correctly and put her in the EB3 ROW category. They just didn't tell you that they did it. And because EB3 ROW is not current for your PD, they still cannot approve her I-485.thanks for the reply guys. what do you mena by "cross-chargability got applied"? I don't get it. Please let me know. Thanks.
How and when did you make request for the cross changeability? Did your lawyer write cover letter at the time of filing both the I-485?
If not then the request should have a letter requesting the change, a copy of your I-485 receipt, your marriage certificate, and her birth certificate.
Did your lawyer contacted service center? Did he contact AILA? Did you wrote to your congressman or senator?
You said you requested cross-chargeability because she was born outside India. I am saying that they may have already processed your request correctly and put her in the EB3 ROW category. They just didn't tell you that they did it. And because EB3 ROW is not current for your PD, they still cannot approve her I-485.
My lawyer requested CC (two years back).
----------------- it means you are not sure if lawyer wrote CC on cover letter when I-485 was filed.
No, I didn't contact congressman or senator
--------------------You must contact them. Provide the full information of your spouse like Name, DOB, A# I-484 pending reciept number, address. She need to sign the letter. Contact your congressman local office and your senator local office and provide the full details of the case. They may need signature of your wife on Form so that they can contact USCIS service center.
My lawyer keep asking money for everything. So, I rarely contact him.
I got an email from CRIS...
The status of this service request is:
Your inquiry did not include the primary applicant?s I-140 receipt number or priority date in order to determine VISA availability. Your application remains awaiting review by an Officer and you will be notified as soon as a decision is made.
Should I call them again to update my priority date?
you should contact USCIS or write to your Congressman or senator. I dont understand why till date you did not contact your Congressman or senator? your wife should sign the letter and your wife must contact your Congressman or senator local office.As per Feb bullettin EB3 world-side moved to "22SEP02". My PD was 12SEP02. They should approve for my wife's case since she was born in Sri Lanka.