Can child be added on I-485 after primary application is approved?

[sreelesh]

My son is 2 years 9 months old now(on H4), USCIS rejected his I-485 when filed with my application due to incorrect fee and they asked resubmit it when date is current, My employe send it again on 01-Aug-2008 and bad luck again they send again with wrong fee, USCIS send back again and asked to re submit it again with correct fee. Then on 13-AUG-2008 they send my ackage again to USCIS, same day after noon I got approval mail for my I-485.

Will they accept my son's I-485? please send your comments.

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Following is fro I-485 instruction,

(OMB No. 1615-0023; Expires 09/30/08 Instructions for I-485, Application to Register Permanent Residence or Adjust Status)

"If the spouse or child is in the United States, the individual derivatives may file their Form I-485 adjustment-of-status applications concurrently with the Form I-485 for the principal applicant, or file the Form I-485 at anytime after the principal is approved, if a visa number is available".

Is this mean child can be added later and will be approved like concurrent filing??
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[indidoc]

geberally if ur I 485 is approved and not pending they will not let anything added on(happened with me as my wife`s i140 & 485 were approved the same day and i could not add on).
However since the application had already been sent and rejected(due to a wrong fee)-even though it is not the USCIS`s fault they may take a lenient view and accept it.
I would honestly suggest try and if possible get a very good lawyer to represnt ur case-as if they don`t accept it ur son`s case will suffer immensely-I don`t know ur case details etc but family based processing can take ages.
Hope this helps-I am not a lwayer thougha nd my best advice would be get a good lawyer asap-and for God sake don`t go to the jokers who represent ur employer as they have already screwed it up twice,

 

[Jackolantern]

You can file the I-485 for a spouse or child after your own I-485 is approved, if they already were your spouse or child before your I-485 approval, and your priority date is current when you file for them.

 

[nscagony]

Yeah, Jackolantern is right on. Don't worry, just switch lawyers (your current lawyers are clearly not worth a penny).

 

[mmed]

Will they accept my son's I-485? please send your comments.

==============================
Following is fro I-485 instruction,

(OMB No. 1615-0023; Expires 09/30/08 Instructions for I-485, Application to Register Permanent Residence or Adjust Status)

"If the spouse or child is in the United States, the individual derivatives may file their Form I-485 adjustment-of-status applications concurrently with the Form I-485 for the principal applicant, or file the Form I-485 at anytime after the principal is approved, if a visa number is available".

Is this mean child can be added later and will be approved like concurrent filing??
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That is right, derivative can apply even after approval of the principal's I-485 if he/she was included as derivative in the original principal's application. The point here is, PD should be current and the derivative supposed to be not out of status which ultimately will be the case sooner than later if the principal application approved and consequently his visa will not be valid anymore.