Derivative 485 Application returned..please help!

D

DC123

New Member
My 485 application is pending at VSC for two years. I was married sept, 2004 and I applied 485 for spouse with all required supplimentry documents. The documents I subimitted were

1. I - 485 from with filing fee and required photos
2. Bibographic Information
3. Medical documents
4. Copy of my 485 recepit notice
5. Marriage certificate
6. Copy of driving lisence
7. Her passport and visas
8. Copy of her I-20

After 2 weeks, INS returned whole application documents saying that

" CIS records do not whow that you are the beneficiary of a pending or approved immigrant visa petition which would make a visa immediately avilable to you or that you are otherwise eligible to adjust your status to that of a lawful permanet resident"

I guess I didnot write a good cover letter. Did anybody face similiar problem?

I need your suggestion!

Thanks in an advance.
 
I might be totally wrong here (wouldn't be the first time) but I thought that if you marry someone after the AOS process is started for you, then the spouse has to go the CP route -- AOS isn't an option?

ETA
 
ETA-GC,

Not Exactly. You can amend dependent (Spouse) anytime before your AOS I-485 gets approved.

I believe DC123 would have also done the same.

DC123,

What was the previous status of your wife? Did you amend her immediately after she come to US in F1 visa?

~Mad
 
DC123,

1) Are you a concurrent I140-485 applicant?
2) What did you fill out exactly on the form of I-485?
3) And if your I-140 was approved, did you submit I-140 approved petition along with 485 and documents? (I know it is not necessary, but it would be a good evidence so officers can allow spouse to file under your name).

You need to consult a lawyer.

USGC485
 
Madman72 said:
Not Exactly. You can amend dependent (Spouse) anytime before your AOS I-485 gets approved.
Click to expand...

Thanks for the clarification -- if I'd thought about it, I think I actually knew that :). The problem occurs if the primary's AOS actually gets approved before the spouse files as a dependent...

ETA
 
Last edited by a moderator:
Madman72 said:
Not Exactly. You can amend dependent (Spouse) anytime before your AOS I-485 gets approved.I believe DC123 would have also done the same.
Click to expand...

First off, you're not amending anything. The spouse is adjusting status. What may have happened in this case is that the wrong box was checked on the I-485 application; a derivative spouse is NOT the beneficiary of an immigrant visa petition, and this box should not be checked.

Second, so long as the marriage took place before the primary applicant became a permanent resident, the derivative spouse is able to file the adjustment petition at any time, even after the primary applicant has been approved for permanent residency.
 
Hi
so when filing I-485 what box should we check.
My I-140 is approved and 1485 filed on few months back..That time my daughter is not here with me in usa .. She just came today.
So i am filing my self for my dauther ..so pls tell me how can mention the derivative here in the I-485 application
Also do i need to pay the Finger print fee also ..
i guess for kids (1 Year) doesnot have finger prints right ??
if so how much i need to pay??
so in the application Part2 which box i should check ???

Thanks

TheRealCanadian said:
First off, you're not amending anything. The spouse is adjusting status. What may have happened in this case is that the wrong box was checked on the I-485 application; a derivative spouse is NOT the beneficiary of an immigrant visa petition, and this box should not be checked.

Second, so long as the marriage took place before the primary applicant became a permanent resident, the derivative spouse is able to file the adjustment petition at any time, even after the primary applicant has been approved for permanent residency.
Click to expand...
 
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