AOS question

N

nishak85

Registered Users (C)
I am on H4 visa and my husband on H1. We got married when his I-485 was pending and I-140 approved(employment based category). He did not file for my I-485 as we were waiting for the PD to be current.
But during this period we had some marital problem and we got seperated. now his priority date is current and he is not willing to file for my I-485 irrespective of how much i requested him.
1.But someone(lawyer) told me that, i can also apply for my I-485 on my own if i have my husband's documents like .. copy of his passport with visa and I-94 page,copy of his approved I-140, his SSN, marriage certificate and my date of birth certificate. Please help me, can i really do that?
2. we are staying in different states of USA now, but both come under the same service centre.
3. if i provide my address which is different from my spouse address, will that be a problem?
4. will my husband come to know that i also filed my I-485 as a derivative of his?
 
nishak85 said:
I am on H4 visa and my husband on H1. We got married when his I-485 was pending and I-140 approved(employment based category). He did not file for my I-485 as we were waiting for the PD to be current.
But during this period we had some marital problem and we got seperated.
------------------what do you mean by seperated? are you legally divorced ?
now his priority date is current and he is not willing to file for my I-485 irrespective of how much i requested him.
1.But someone(lawyer) told me that, i can also apply for my I-485 on my own if i have my husband's documents like .. copy of his passport with visa and I-94 page,copy of his approved I-140, his SSN, marriage certificate and my date of birth certificate. Please help me, can i really do that?
--------------------- you need Copy of his I-485 filing reciept + copy of marriage Certificate (If legally divorced then you cant file based on his I-485 )

2. we are staying in different states of USA now, but both come under the same service centre.
Click to expand...

----------------------------
 
I think those documents only if they audit the case. Normally marriage documents/his I140 approval copy and your 485 is application is enough. I would suggest talk to a lawyer to see you can do consular processing so your overseas address is enough.at the time of interview you may have to show overseas bank accounts or something(which if you can manage with him)
 
nishak85 said:
I am on H4 visa and my husband on H1. We got married when his I-485 was pending and I-140 approved(employment based category). He did not file for my I-485 as we were waiting for the PD to be current.
But during this period we had some marital problem and we got seperated. now his priority date is current and he is not willing to file for my I-485 irrespective of how much i requested him.
1.But someone(lawyer) told me that, i can also apply for my I-485 on my own if i have my husband's documents like .. copy of his passport with visa and I-94 page,copy of his approved I-140, his SSN, marriage certificate and my date of birth certificate. Please help me, can i really do that?
2. we are staying in different states of USA now, but both come under the same service centre.
3. if i provide my address which is different from my spouse address, will that be a problem?
4. will my husband come to know that i also filed my I-485 as a derivative of his?
Click to expand...

First and important issue in filing derivative/dependent 485 is you need a affidafit of support (form I-134) from the primary applicant, to prove that you will not be social burden to USA. I-134 is a important document other than the copy of your husbund's 485 receipt notice. You do not need copy of his passport with visa and I-94 page,copy of his approved I-140, his SSN etc..If you are seperated, and if you can't get these two document you cant apply yourself. It does not have any legal ground or moral ground to apply 485 yourself when primary applicant refuses to consdier to support you to file 485. Also, it will appears as a fradulant case to USCIS that if both lives in different address/state. They may issue a RFE in future.

Any way,

The important documents you need are,
1. primary I-485 recept notice,
2.I-134,
3.Valid Marriage certificate.
4.Your Birth certificate.
5. Copy of your passport and visa
6. Your latest I-94
 
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