Derivative applicant Approved Primary Pending ??

[visharo]

My call experience

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I got in touch with customer service by calling the 1800 number. After talking to CSR for 5 minutes she offered me to enter an inquiry. I didnt want an inquiry as I had entered one last week. I insisted she transfer to an immi officer she said would transfer but would not guarantee that it would be a immi officer.

I was then transferred and a very nice lady ( with an asian accent) answered the call and introduced her as Officer XYZ.

Asked me how she can help me... I said I wanted to know what the status on my I-485 was. she got my EAC number A # and said you have already entered an Inqiry on June 5th. I said yes but I wanted to know what the status on my case was.

She said case was transferred from VSC to TSC in March xx you completed Biometrics on May xx and the case is pending because the Name check is not clear.

I had my wife on the call with me ( on other Phone) We then asked officer about her status she asked for EAC # , A # then asked her fathers first name and mothers first name. she said her name check is clear and her case was assigned to an officer last week.

I then asked officer can my wifes case be adjudicated if my name check was still pending ? To my surprise she said yes.

Then I asked her again if her case can be approved if she was secondary applicant and I am primary applicant. she said yes.

I have searched a lot on this forum and on immivoice.org but havent found an instance where the derivative applicant was approved when primary applicant case was not adjudicated. I have a employment based I-485 application ( EB3 India PD 11/2002)

Please let me know if any one has seen an instance where derivative applicant is approved before primary, when primary applicant has pending name check in an Employment based I-485.

Thanks...
"Life is too short to wait for a Green card"
Cheers

 

[rollingstone]

There have been a few cases where secondary has been approved without primary. But usually this risks the GC being revoked. Per law, the secondary cannot be approved unless the primary is approved.

 

[winny1971]

It happened in my wife's case...

After approving my wife's case (derivative), she got her passport stamped and even travelled overseas twice with the stamped passport. Mine was pending due to Name Check. When we went to renew the stamp just before the one year expiry date, USCIS said they issued it in error and revoked it and now she is again in the EAD/AP loop with me. But I have seen couple of cases where if the Primary gets approved within a short span, then it stays good. So hope for the best.