AOS for wife after my I-485 approval.

M

MistABC

New Member
Hi,

My I-485 just got approved. And this happened before we could file my wife's I-485 application.

Can anyone help me with how to proceed now? We got married before my I-485 approval - just that we couldn't file her I-485 before mine was approved. Is it true that we have 30 days to file for her I-485?

She is on F1 status here, so she does not go out of status with my approval.

Thanks
 
MistABC said:
We got married before my I-485 approval - just that we couldn't file her I-485 before mine was approved.
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Yes, you could.

Is it true that we have 30 days to file for her I-485? She is on F1 status here, so she does not go out of status with my approval.
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So long as she maintains valid non-immigrant status and your PD remains current, she can file an I-485.
 
does anybody have real example?

I am in the similar situation. And I found some quite confusing results online. For example:

at http://www.immihelp.com/greencard/adjustmentofstatus/dependents.html

Marriage/Child birth before becoming permanent resident

If the spouse or child is in the United States on a valid visa, the individual derivatives may file their Form I-485 adjustment of status applications concurrently with the Form I-485 for the principal applicant or any time before I-485 is approved.
 
kk325ic said:
If the spouse or child is in the United States on a valid visa, the individual derivatives may file their Form I-485 adjustment of status applications concurrently with the Form I-485 for the principal applicant or any time before I-485 is approved.
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That's just wrong.

Depending on what non-immigrant status the derivatives are in (and what basis the primary applicant's immigrant visa is based on, EB or FB) they may or may not be able to file an I-485 after the primary is approved.
 
you give me a dim hope now

TheRealCanadian said:
That's just wrong.

Depending on what non-immigrant status the derivatives are in (and what basis the primary applicant's immigrant visa is based on, EB or FB) they may or may not be able to file an I-485 after the primary is approved.
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It is really inspiring. I would appreciate you if you can help me out. The detail of my case is:

My I-485 (EB-2 ) got approved 4/28/06. My wife and I married in US 8/20/04 right before I filed I-140 application. At that time she was on F-1 visa and now she is in opt, maybe h-1b in next year. Is she still qualified to file I-485 directly based on my EB-2 preference as a derivative beneficiary?

Thanks in advance.
 
yes.

kk325ic said:
It is really inspiring. I would appreciate you if you can help me out. The detail of my case is:

My I-485 (EB-2 ) got approved 4/28/06. My wife and I married in US 8/20/04 right before I filed I-140 application. At that time she was on F-1 visa and now she is in opt, maybe h-1b in next year. Is she still qualified to file I-485 directly based on my EB-2 preference as a derivative beneficiary?

Thanks in advance.
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Yes she is.
As long as the marriage happened before your approval, and she is otherwise qualified to file for AOS (in legal status, etc), she can file AOS using your priority date.
 
eastsidedude said:
As long as the marriage happened before your approval, and she is otherwise qualified to file for AOS (in legal status, etc), she can file AOS using your priority date.
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Exactly.

The marriage occurred before the primary applicant became a PR? Yes.
The spouse is in legal status, or has been out of status for less than 180 days? Yes.
The primary applicant's priority date is current? Yes.

Therefore, the I-485 can be filed.
 
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