Dependant 485 filing-Expert advice needed

[Deepak06]

Experts please advise;

My priority date has become current in the may bulletin and my wife will be coming soon on H4 for the first time, but what happens if she enters on H4 and my 485 is approved before I could add her in my case?

1) Is there is a grace period of 10 days permitted, where I could file her 485 even after my approval? OR

2) She needs to leave the country and file follow-to-join?

Thanks,

Deepak

 

[TheRealCanadian]

My priority date has become current in the may bulletin and my wife will be coming soon on H4 for the first time, but what happens if she enters on H4 and my 485 is approved before I could add her in my case?

Make sure she enters on H4 before you are approved. After that, 245k gives her 180 days' grace to file her I-485, provided your priority date remains current.

 

[Deepak06]

Thanks RealCanadian,

I was not aware of this provision and was afraid that she might be out of status.

There is another strategy I was trying for Follow-to join, but was not sure about the following issues:

1) Does filing of 824 VOID any chances that I can add my wife through 485? means can I change from CP(FTJ) to AOS?

2) What are the documents to be attached for 824, I was planning on submitting 140 approval and 485 Receipt notice. Is anything else required?

Appreciate your help,

 

[TheRealCanadian]

Does filing of 824 VOID any chances that I can add my wife through 485? means can I change from CP(FTJ) to AOS?

Your best bet to avoid confusion is to decide what strategy you wish to pursue. Probably the best (in order to keep you two together) is to have her enter the US on an H-4 as soon as possible, and then file an I-485.

What are the documents to be attached for 824, I was planning on submitting 140 approval and 485 Receipt notice. Is anything else required?

That should do the trick. If your I-485 is not approved please make sure to emphasize (in bold) in your cover letter that the I-824 should NOT be ajudicated until your I-485 is approved.