Can dependent I-485 approve while primary is stuck with name check?

J

jayshreeram

Registered Users (C)
Hi,
I recently got RFE for my wife for TB test. We submitted the response. I assume her file is opened, so can I assume her case may be approved? I checked mine with infopass and my case is stuck with name check. The lady there said my wife's case is clear or never submitted for name check.

Thanks
PD- Nov2001
I-140 approved
 
jayshreeram said:
Hi,
I recently got RFE for my wife for TB test. We submitted the response. I assume her file is opened, so can I assume her case may be approved? I checked mine with infopass and my case is stuck with name check. The lady there said my wife's case is clear or never submitted for name check.

Thanks
PD- Nov2001
I-140 approved
Click to expand...


I am in exactl;y the same bot and the answer is absolutely NOT. The dependant AOS will sit there, completely processed until the Primary AOS is approved. The 2 files can be processed independently, as they obviously have been, but until yours is approved, hers stays unapproved.

The opposite, where the primary is approved, but the dependant is stuck in name check, is becoming common as wel. In that case the primary gets their GC, and the dependant simply .... waits.
 
Nelsona,
Other people confirmed your point.
I got "card ordered" email for both of us on July 24th, so I assume my name check is cleared or may be they are approving very old case whose name check is pending for more than 2 years.
 
did you try any other avenue to get the namecheck cleared?

did you take any other steps to clear the namecheck? did you write letter to First Lady etc?

Can you provide details, that will help us.

jayshreeram said:
Nelsona,
Other people confirmed your point.
I got "card ordered" email for both of us on July 24th, so I assume my name check is cleared or may be they are approving very old case whose name check is pending for more than 2 years.
Click to expand...
 
I just got my GC approval notice, but my wife online tracking still says "response to RFE received, case processing resumed".(RFE was for me actually)...i am the primary. How does this work, if mine is approved is her case is also approved?? should i contact nebraska service center?? Anybody have contact numbers.

Thanks , appreciate any input.
 
Each case is separate. If the primary is approved, this does NOT mean that the dependants approval is autoamtic. It the dependant is stucjk in name chack or some other piece of info is missing, that petition can be delayed, even denied.

As the topic of this thread highlighted however, if the dependants petition can NEVER be approved untiul the primary's has been.

So, in your case, it is very likely that unless she hears something on Monday, she will have to wait AT LEAST until October and perhaps much longer. She will need H1 status or EAD/AP to work/travel in the meantime.

This happens none too rarely.
 
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