Biometrics Notice, PD: 09/2002 EB3 - Wife can't apply for I-485 and EAD

[dnaren]

I received Biometrics Appointment notice today.

My priority date is 09/2002 (EB3)

I got married in 10/2004 and my wife can't apply for I-485 due to retrogression.

Our H visas are valid till 05/2006 (end of 6 years)

What are the consequences if my I-485 is approved before my wife could apply for I-485?

Any help with understanding this situation and suggestions are greatly appreciated.

Thanks,
Naren.

 

[PrinceofJungle]

If you filed your 485 before ur marriage then first of all atleast Try to include your spouse name in it,


Second, keep maintain her Status somehow, PD are not static it would move.once she filed 485 she can stay here and wait.

Third If incase you have no choice ans u have concern that she may lose status then, u may consider to FTJ (following-to-join) option. so she would get Immigrant visa at consulate and u can rejoin ur family again.

Read more about FTJ
http://boards.immigration.com/showthread.php?t=96693&page=82&pp=15

Good Luck

 

[dnaren]

If you filed your 485 before ur marriage then first of all atleast Try to include your spouse name in it,

How do I add my spouse name to my I-485 application?
I filed my I-485 before I got married.

Thanks!

 

[max2k1]

I got married in 10/2004 and my wife can't apply for I-485 due to retrogression.

Why did you wait ?? 10/2004, EB3 was still current worldwide !
Oh well -- can't undo that !

What are the consequences if my I-485 is approved before my wife could apply for I-485?

No problems -- since you got married *before* your 485 was approved, your wife can immediately benefit by using Follow To Join.
If your marriage happened after 485 approval, your spouse would've been in for a very long wait.

As POJ said, if the PD cutoff passes your PD, you can apply for your wife's 485 and she can remain in the US.

 

[dnaren]

I came back to US on 11/20/2004 after my marriage. My company delayed submitting my wife's I-485 application due to various reasons (changing the law firm etc.).

How does "Follow To Join" work here? Does my wife need to go to India for this process?

I am thinking of changing my wife's visa to F1 to maintain the status till my priority date (09/2002) becomes current. I am not sure how to time this conversion (H4 to F1).

 

[PrinceofJungle]

First of all do not panic,


Try to keep maintain her status, that is the best option untill she file her 485.


If she have no choice then u may consider to fTJ process, its simple, and ur spouse will be with ur within 4-6 month once her periority date is current .


For FTJ she would need to apply Immigrant visa from her home country.


Plz read the link above link about FTJ to understand process. it seems u ignored that link.



Good Luck