Been 3 weeks, spouse's 485 pending, why?

We are also still waiting for approval of the derivative case. It was transfered and there were a few soft LUDs but nothing else happened so far.
 
a small bump to this thread...

I am still waiting for the derivatives case to be approved and also for the AP to come through.

AP filed July 24th. LUC August 9.
 
a small bump to this thread...

I am still waiting for the derivatives case to be approved and also for the AP to come through.

AP filed July 24th. LUC August 9.

Your AP will not get approved. It might actually already be denied as your I-485 has been approved. You don't need AP with your green card.
 
ummmm...the THREAD is about the primary case being approved and the derivative case still pending. The advance parole is pending for the derivative, who is STILL waiting for the I-485 approval.

But thanks for providing some excitement during the day. Your one line of posting led to a range of expletives which I cannot post here.
 
I got my card production ordered email on 11/29/07. My wife case is still pending. I am the primary. Hope to get it in another month atleast.

labor priority date is March 2003
EB2 - India
485 receipt date July 12-07
LUD on 485 - Aug 18-07 (for both of us)
458 card production ordered email for myself on 11-29-07
485 for my wife is still pending...

Since the date is retroges to Jan 2002, is that going to affect my wife's case here? I am assuming that If they have already opened her file, then she might get it in a month or so. If they didn't even open her file because they are waiting for visa number, they are not going to open her file until the process date catch up with our priority date (March 2003). In that case, it could take longer time for her approval. Any ideas/suggestions about this thought?


Please keep this thread alive by posting updated on approvals or any calls to REPS or USCIS or RFE.

Happy that know that we are half way through.
Thanks
 
My lawyer told me that if the primary is approved, the derivative applicant is not impacted by retrogression. But, I am not sure how this is correct. Good luck..
 
Today I got another email from CRIS saying "Approval notice sent"
Current Status: Approval notice sent.

On December 4, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

Still no email about my wife's case. Hope to get it in another month or so.
 
I got a call from my Lawyer's office saying that my wife got an RFE on her medical. Lawyer faxed the letter from USCIS and it says that it is missing TB test for my wife.
Actually, when we sent the medical documents for myself and my wife originally, my wife was pregnant. So, she didn't do the TB test. But after the baby is born, she went back to the doctor and did the TB test (without waiting for an RFE -which we thought is a waste of time to wait for an RFE and respond back), and send the results again to USCIS with my wife's I-485 reference.

Even then, we got an RFE now. Once I received the sealed envelop from my lawyer (which was sent from USCIS), we have to take that to the Doctor who should open the envelop and correct anything wrong in the document or may be he do the TB test again.
Don't know exactly what went wrong in the First TB test result that we sent. The RFE letter from USCIS says "The civil surgeon indicated that you were pregnant or breast feeding at the time of the examination and that the test should be deferred".

That is true when we initiall sent the medical documents together. But then, she did do the TB test and sent the results (Which is exactly what is returned to my Lawyer from USCIS) after the baby born.
I think I would only know what the heck is wrong after consulting the doctor.

Anyone have any idea about what could be wrong? Also, RFE means that she got a Visa number already and not affected by the EB2 retrogression?

Please advice
Elango
 
RFE on spouse case. TB test

My lawyer called us and told us that there is an RFE about TB test. My wife was pregnant when we initiall sent the medical documents. But soon after the baby is born, she did the TB test and sent the results to USCIS. The idea is not to waste time to get RFE and then respond. Not a good Idea.
As many others advised in different forum, DO NOT SEND ANY DOCUMENTS TO USCIS UNTIL IT IS ASKED FOR. Seems like the documents got missed in uscis hands.

The RFE seems to be as if they didn't receive the TB test results that we have sent later. So, it could be just another visit to our doctor who did the TB test and ask hiim to send the documents once again. This time with the RFE letter and the envelop sent by the USCIS. Hope they get it correct this time. I will update as it progresses.

One question? Do this RFE means that she is not going to be affected by the EB2-India regrogression?

Thanks
 
Cross-Chargeability

I have an option to approve my wife case using "Cross-Chargeability", since she was born in Sri Lanka. My PD was 09/2002 and EB3 world-side moved to 10/2002. My question is, can I send the letter to USCIS requesting to approve my wife using "Cross-Chargeability"? My lawyer is asking $500 for this and already paid so much. What's the Nebrasks address? Thanks.
 
I have an option to approve my wife case using "Cross-Chargeability", since she was born in Sri Lanka. My PD was 09/2002 and EB3 world-side moved to 10/2002. My question is, can I send the letter to USCIS requesting to approve my wife using "Cross-Chargeability"? My lawyer is asking $500 for this and already paid so much. What's the Nebrasks address? Thanks.

You should be able to call and talk to an IO to find out how you can do that. I am sure that you should be able to send a letter yourself instead of your lawyer.

One question though: Does this mean that a dependent applicant automatically considered under the primary applicant's country of birth ?
 
my case...

my gc has been approved last July, only my wife's pending. Since world-wide moved to 10/2002, they can use Sri Lanka visa number for my wife, since she was born in Sri Lanka. 485 is based on country of birth. I was born in India, you know what is India PD now.
 
my gc has been approved last July, only my wife's pending. Since world-wide moved to 10/2002, they can use Sri Lanka visa number for my wife, since she was born in Sri Lanka. 485 is based on country of birth. I was born in India, you know what is India PD now.

If you see my signature, I am also in a similar scenario.

But, my question was really about something else. I always assumed that a visa number is allocated based on the person's country of birth, meaning the primary applicant's visa number is allocated from his/her country of birth and the derivative applicant's visa number is allocated using his/her country of birth.

You seem to be assuming that your wife would be assigned a visa number based on your country of birth and not based on hers. Is there a reason for that? Did someone tell you that?
 
Cross-Chargeability

Cross-Chargeability!!!
Actually, they can approve primary case using CC (ie, based on wife's country of birth). Search and read in the forum, lot about CC.
 
Cross-Chargeability!!!
Actually, they can approve primary case using CC (ie, based on wife's country of birth). Search and read in the forum, lot about CC.

I am trying to understand the default behavior when no cross-chargeability request was made. In the above scenario, is a derivative applicant considered under his/her country of birth or the primary applicants ?

For example, in my case - I am from a non-retrogressed country. But, my wife is from a retrogressed country. I did not make any request of cross-chargeability when I applied. So, will she be considered in my country quota or hers ? Thanks...
 
Talk to your lawyer. I think, by default dependents will be coming under primary country of birth.
In your case requesting "CC" dosen't make any sense. You are from non-retrogressed country.

In my case, mine has been approved. Since primary's country of birth is retrogressed, I can request CC for my wife.
 
Thanks. If what you are saying is true, then my wife should be all set. If what I thought was correct, then you are all set. I guess I will have to find out.
 
similar situation as "forgood" but no RFE so far ...

Hello forgood,

I am in the similar situation as your wifes case. I applied 485 as dependant of my wife's who got her GC and approval notice on Nov 29, 2007.

We applied our 485 together on Jun 12th, 2007, EB2, NSC. I am still waiting for my GC approval. No RFE though on my case. I have seen 4 LUD's on my case in Dec, 2007, but nothing after that. It still says Case Pending. I did call IO, and they keep saying that my security checks are pending.

Now that EB2 visa numbers are unavailable, do we have to wait till Oct,2008 for the fresh quota. Someone mentioned that, it possible that case might be tagged for approval. Is there any way to know if that is true?

Please post any info you might receive on your wife's case. I will do the same.
 
I really don't understand, why are they holding dependent case? Anyway, I will update the forum, if anything I hear from USCIS. Thanks.

Hello forgood,

I am in the similar situation as your wifes case. I applied 485 as dependant of my wife's who got her GC and approval notice on Nov 29, 2007.

We applied our 485 together on Jun 12th, 2007, EB2, NSC. I am still waiting for my GC approval. No RFE though on my case. I have seen 4 LUD's on my case in Dec, 2007, but nothing after that. It still says Case Pending. I did call IO, and they keep saying that my security checks are pending.

Now that EB2 visa numbers are unavailable, do we have to wait till Oct,2008 for the fresh quota. Someone mentioned that, it possible that case might be tagged for approval. Is there any way to know if that is true?

Please post any info you might receive on your wife's case. I will do the same.
 
Update on my wife's case

She got an RFE about 3 weeks ago and we responded witin 2 days. Yesterday, 23th Jan 08, I got an email from USCIS (LUD on web site). It says.

Current Status: Response to request for evidence received, and case processing has resumed.

On January 22, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

Does this means that my wife's case will be approved within 60 days? Or is it just a regular message and they will only approve when the date becomes available as he case is a dependent case on my H1 (Eb2-India). I got mine approved on Dec 4th. Please let me know
 
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