Complicated situation AC21, add wife @ 485 RFE stage

K

kshathrya

Registered Users (C)
I hv a complicated situation.
I am @ my final 485 stage and got an RFE on medical and evl.
i have moved from company A to company B as company A shutdown. Company A filed my GC. i havend applied for ac21 yet. atthis stage i went and got married. i havent used ead as i was using h1. now i am planning to get her here in h4 and file for 485.

i hv to respond to my rfe by end of jan. i not sure what my chances of pulling all this together?

btw, how many days should i bring her here? wt needs to be done ?
oce she enters in h4 and when i fiek for 485 can she leave immediately to home country and come back after 3months? do have to apply for ap and wait?

please advice on my situation.
 
kshathrya said:
I hv a complicated situation.
I am @ my final 485 stage and got an RFE on medical and evl.
i have moved from company A to company B as company A shutdown. Company A filed my GC. i havend applied for ac21 yet. atthis stage i went and got married. i havent used ead as i was using h1. now i am planning to get her here in h4 and file for 485.
----
>>This should be no problem. Just make sure you have a valid H1 stamp and she has a valid H4 stamp. Don't mention your 485 applications on the POE unless asked and to be safe, take your 485 receipt notice, 140 approval notice and EVL from your current employer. If they ask at POE, show them.
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i hv to respond to my rfe by end of jan. i not sure what my chances of pulling all this together?

----
>>Get your wife in USA by then and apply her 485 and then next day, send the RFE response with AC21 letter, EVL and medical reports. Hopefully you will get yours and her approval together then.
----

btw, how many days should i bring her here? wt needs to be done ?
oce she enters in h4 and when i fiek for 485 can she leave immediately to home country and come back after 3months? do have to apply for ap and wait?

----
>> If she comes here on H4, she can go back again and come in any time. However while she is out of the country and 485 gets approved, she may have to go thru secondary inspection. There is a small chance of problem in this so preferably she should stay here till GC is approved or atleast till her AP approval notice is received.
----

please advice on my situation.
Click to expand...
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>>I know this will be very hectic for you but it is a just a one time thing so do it.
-- This is just a frank opinion, consult a lawyer for advise----
 
caution: Check if Retrogression issue will effect your wife's 485 application. I don't really have any experience or knowledge about your situation but just want to warn you about this.
 
Retrogression

If:

Your Priority Date is after Jan 1 2002 (ND of your labor) and
You fall under EB3 category and
You are from one the following countries...India, China or Philippines, then:

You cannot file 485 from Jan 1 2005 onwards until your PD becomes current.

There is a lot of information about this on these forums and other popular sites. I encourage you to read it. I am not sure if it applies to spouses after your 485 is cleared, etc. So just take it as a cautionary note when planning your next move. Talk to your lawyer if you are not sure.
 
KSHATHRYA

Have 6 months passed since you got I-140 approved?
If less than 6 months, is your I-485 filling still valid?

Good luck!
 
retro and 6 month

i am in eb2 category, so i guess i am safe in taht perspective.

yes. 6 months has past after my 140 approval.
my only concern was i moved from company A to company B, 3 months after i applied concurrent 140/485 as company a shutdown.

i am in company B (same geog location, same job title, salary description and so on).

what are my chances. what does she need to do for 485?
 
485 docs for wife

once i bring her here...to add her tomy GC what all documents that she has to bring and what i have to give
what procedure it involves.
is there a thread that explains this scenario...my lawyer is too slow in responding and i have to bring her next week and add her.
 
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