concurrent filing question/ 485 for dependent needs concurrent filing rule?

T

Troylander

Registered Users (C)
Hi,
I am applying for my 140/485 concurrently now.
My wife plans to apply for 485 in couple of months.

If this new movement to remove concurrent filing happens after I file and before the time that my wife applies, can she still apply for 485?

In other words if primary applicant has applied for 140/485 cuncurrently, can a dependent apply for 485 if there is no concurrent filing at that time? Or she has to wait till my 140 gets approved and then apply for 485?

Thanks alot
 
Since there is no actual rule out yet, it would be impossible to determine the answer to your question - presumably such a rule would indicate if dependents of people who already have a filed I-485 can apply or not - although with USCIS you never know.

In any case, it will be a few weeks between when the rule is first announced and then implemented, so once it actually is announced you will be better informed of your options at that point. Anything you hear or read before then is mere speculation.
 
Thanks man.
http://www.immigration-law.com/ says "the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008"

I assume that the rule is not enforced in the two months comment period. Am I right?

Is this source reliable? do they really take two months for comment period?

So if I plan to apply for my and my wife's AOS before August (June + 2 months) I will be safe regardless of thr new rule out. Is this assumption correct?

Best wishes,
Troylander
 
Immigration-law is normally pretty reliable, but the truth is that this noise about eliminating concurrent filing has come from a number of other sources as well and appears to have merit.

Yes, concurrent filing should still continue to be allowed during the comment period, and will only be disabled after the final rule is published at the end of the comment period. So if the proposal is indeed published next month, you will still have a few weeks to plan your next steps before the rule takes effect.
 
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