** Dependent 485s and Priority Dates ? **

[raebava]

I have applied for 485 in Nov 2004, Can I apply 485 for my spouse in Feb / March 2005 ? What impact does this retrogression have on dependent 485 applications ?

What if mine gets approved before my priority date gets current (just in case) and Im allowed to apply my spouse's only after my priority date gets current ?

Please throw some light on this issue, hope many of us are in the same boat.

My PD - Sep 2003

 

[TheRealCanadian]

I have applied for 485 in Nov 2004, Can I apply 485 for my spouse in Feb / March 2005 ? What impact does this retrogression have on dependent 485 applications ?

Dependents cannot file an I-485 if the primary applicant's (and therefore their) primary date is not current.

Im allowed to apply my spouse's only after my priority date gets current ?

correct.

 

[raebava]

180 days grace period ?

Thanks TheRC, What if mine gets approved before my priority date gets current ? Can I still add my spouse to my primary application ? What is this 180 days grace period ? where can I find more info ?

Anything can happen with these Service Centres.

 

[tammy2]

Thanks TheRC, What if mine gets approved before my priority date gets current ? Can I still add my spouse to my primary application ? What is this 180 days grace period ? where can I find more info ?

Anything can happen with these Service Centres.

You can apply once the priority dates become current. If spouse is here she has to maintain separate status until date becomes current.

If she is not here in US you can apply for I-824 now but NVC will not forward it to consulate until PD becomes current.

 

[njan08]

What happens if spouse is on H4, primary on H1 and primary got approved
bewore applying I485 for spouse, what would be spouse status?

 

[fast_gc_seeker]

What happens if spouse is on H4, primary on H1 and primary got approved
bewore applying I485 for spouse, what would be spouse status?

i believe she can legally stay until her I-94 is valid.

 

[voldemarv]

i believe she can legally stay until her I-94 is valid.

I disagree. She will be out of status.

 

[njan08]

Thanks fast_gc_seeker & voldemarv for reply.

voldemarv,
What are the other options?

 

[voldemarv]

Thanks fast_gc_seeker & voldemarv for reply.

voldemarv,
What are the other options?

Sorry, but I don't know. This is a deadlock situation. Consult good lawyer.

 

[njan08]

Thanks Voldemarv for your reply, just this question popuped in my mind.