Dependant 485 approval during retrogression ...

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gcnirvana

Registered Users (C)
Hello Gurus,

I applied my I-485 as dependant of my wife's 485 application. My wife got her GC (card & approval notice), which was approved on Nov 30th. My details are as follows:

EB2, India, Nebraska Service center
PD: Mar 2002
485 applied: June 12, 2007
EAD & AP approved for both (me & my wife)
485 approved (primary): Nov 30.
card received (primary): Dec 7.
485 (dependant): soft LUD on Dec 11 & Dec 15. (message: pending)

My questions are:
1) EB2 dates retrogressed to Jan 2002 in Dec and now to 2000. Does this affect dependants GC approval (even when primary is approved)?

2) Does soft LUD mean anything in my case?

3) why isnt dependant GC got approved along with primary ?

4) Any chances of rejections once primary is approved?

Since my wife's PD is Mar, 2002 and now it's gone back to 2000, i hope i wont be stuck forever.

Thanks in advance.
 
1. PD has to be current for dependents to be approved. However sometimes they tag a case for approval while it was current, then complete the final paperwork and deliver the approval notice and card one or two months later (even though retrogression may have then kicked in). So it is still possible for your case to be approved soon. If not approved by the end of January, you're probably not getting approved until the PD is current again.

2. Maybe, maybe not. LUDs are not reliable indicators.

3. It makes sense to give the primaries priority, even though it may mean the dependents get approved months later. Trying to always complete the whole family together would slow things down, because then nobody in the family would be approved until everybody in the family is approved.

4. Not unless the dependent violates immigration law (such as working without EAD) or criminal law (including crimes committed before filing the I-485). Or the primary does something that results in the green card being revoked (i.e. a violation of immigration or criminal law). Or something outrageous happens like USCIS saying the green card was approved in error and then they revoke it.
 
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Thanks for your response ....

Thanks a lot for your response. I am keeping my fingers crossed that it would get approved in a month or so.
 
RFE on spouse case. TB test

I got a call from my Lawyer's office saying that my wife got an RFE on her medical. Lawyer faxed the letter from USCIS and it says that it is missing TB test for my wife.
Actually, when we sent the medical documents for myself and my wife originally, my wife was pregnant. So, she didn't do the TB test. But after the baby is born, she went back to the doctor and did the TB test (without waiting for an RFE -which we thought is a waste of time to wait for an RFE and respond back), and send the results again to USCIS with my wife's I-485 reference.

Even then, we got an RFE now. Once I received the sealed envelop from my lawyer (which was sent from USCIS), we have to take that to the Doctor who should open the envelop and correct anything wrong in the document or may be he do the TB test again.
Don't know exactly what went wrong in the First TB test result that we sent. The RFE letter from USCIS says "The civil surgeon indicated that you were pregnant or breast feeding at the time of the examination and that the test should be deferred".

That is true when we initiall sent the medical documents together. But then, she did do the TB test and sent the results (Which is exactly what is returned to my Lawyer from USCIS) after the baby born.
I think I would only know what the heck is wrong after consulting the doctor.

Anyone have any idea about what could be wrong? Also, RFE means that she got a Visa number already and not affected by the EB2 retrogression?

Please advice
Elango
 
dependants still pending .... been more than a month

My case (see my previous message) is still pending at NBC. There were soft LUD's three times in Dec.

Anyone in the same situation as mine? Is it possible that i am stuck in retrogression?

What is an SR? how can open one?

Should i talk to IO before i do that?

Thanks.
 
my wife application also pending due to medical. We sent the tb test results in october. The status shows 'received medical case resumed"..

I think my wife application waiting for number(which is going to long way..):confused:

(My applicaiton approved in sep 07).
 
Hello,
I got another LUD on my wife's 485. First one after submitting the Medical RFE response was on Jan 23th 08. But there is no change in the content of the message. Here is the message
On January 22, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

Did you guys also got the same message for the LUD's? If it is different, could you post the message? Since she already finished FP, should we expect the approval within 60 days as mentioned in the message? Or this is just their standard message?
 
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