Can Dependent 485 be approved before Primary?

I

isakimuthu

Registered Users (C)
Hello All:I know with TSC anything is possible. But with your experience, please answer the following questions:

1) Can my spouse's (secondary) I-485 can be approved before mine (primary)? Has anybody got an approval like this?
2) Can a secondary be approved and the primary be rejected if the employer withdraws I-140 etc as longgc?
3) If both have given FPs, is it still possible for TSC to not adjudicate both and issue FP notices after 15 months? I mean are the chances high for approval if both spouses give FPs?

Thank u
 
Q: 1) Can my spouse's (secondary) I-485 can be approved before mine (primary)? Has anybody got an approval like this?
A: I don't know if this can happen. To my knowledge, you guys are approved or rejected together.

Q:2) Can a secondary be approved and the primary be rejected if the employer withdraws I-140 etc as longgc?
A: IMHO, No.

Q:3) If both have given FPs, is it still possible for TSC to not adjudicate both and issue FP notices after 15 months? I mean are the chances high for approval if both spouses give FPs?
A: Why? Nothing to do with approval if you do FP together or seperately.
 
1. No it will not happen.
vili, the applications need not be adjudicated together. I saw a few posts in this forum (and also know a friend personally) where the secondary's 485 is waiting even after 10 months from primary's adjudication.

2. No.

3. No. Its just a lotto when dealing with TSC.
 
1) Can my spouse's (secondary) I-485 can be approved before mine (primary)? Has anybody got an approval like this?

Yes, it is possible. If that happens, the primary should immediately notify them and the approval for the primary usually follows immdiately.


2) Can a secondary be approved and the primary be rejected if the employer withdraws I-140 etc as longgc?

According the the new interpretation of AC21, an i485 applicant cannot be rejected based solely on the withdraw of i140 after 180 days of i485 filing and after i140 approval was approved.

But if the applicant gets an employment RFE and is jobless at that time, he can be rejected. (like longgc).

The secondary's application is based on the primaly. If the secondary is approved while the primary is rejected, then good luck and enjoy...


3) If both have given FPs, is it still possible for TSC to not adjudicate both and issue FP notices after 15 months? I mean are the chances high for approval if both spouses give FPs?

Giving FPs does not guaranty approval. Many have given FPs and are still waiting for approval, single or married.
 
Originally posted by leahwang
1) Can my spouse's (secondary) I-485 can be approved before mine (primary)? Has anybody got an approval like this?

Yes, it is possible. If that happens, the primary should immediately notify them and the approval for the primary usually follows immdiately.
Click to expand...

After this, they will find out the spouse's approval first was a mistake, then revoke that approval and put both back into the waiting game, instead of speeding up the primary approval. How about that?

It is basically impossible to approve the spouse first, unless the spouse case falls into the hand of a non-qualified TSC adjudicator.
 
Originally posted by TSC2003
After this, they will find out the spouse's approval first was a mistake, then revoke that approval and put both back into the waiting game, instead of speeding up the primary approval. How about that?

It is basically impossible to approve the spouse first, unless the spouse case falls into the hand of a non-qualified TSC adjudicator.
Click to expand...

I don't think they will revoke the approval. By doing so it's kind of ilke admiting that TSC was doing a bad job, which they never did.

read the other post today regarding a case that the spouse gets her EAD card while the primary applicant's still waiting for the approval of i140.

It happened once and it will happen again.
 
This happened to a co-worker of mine last year. His wife (secondary) was approved, but not him (primary). His lawyer accompanied him to the INS office a few days later. The officer pulled up his file (after spending some effort to locate his file). His case was approved the following day.

You can call it a mix-up. But that was how it worked out.

Perhaps the presence of the lawyer helped. But remember, the officers are just trying to do their jobs. Though efficiency is another thing.

If my wife (secondary) is approved before me (primary), I will definitely show up at their office at no time.


Lea
 
leahwang

When you said that your friend went to the INS office, do you mean that he went to the local office in the city where he lives? or did he go to Mesquite Texas?
 
I don't remember. I think it was the local office in San Antonio. Their cases were transfered to the local office. We live in Austin Texas.

Lea
 
My freind and his wife applied for EAD. Obviously his wife is dependant.

His wife's EAD was approved and my freind got an RFE asking for I-140 approval notice.

FYI, this is not Texas Service Center but at California Service Center.

When they needed I140 for the primary applicant how come they approved the secondary's EAD>

Only God Knows
 
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