EB based I-485 interview questions

G

gcl1wait

Registered Users (C)
Hi,

My wife and myself have filed I-485 through her employer. We live different states becos of our jobs. We were recently notified that our cases were transferred to local offices and last week we got interview notices. However interviews are going to be conducted in respective local offices (in state i live and state she lives). Both notices say if its based on marriage then you should bring your spouse. I have few questions

1. Do we have to attend interview at both the places ?

2. If yes then, should both of us be present in interviews at both places ?

3. If interview goes ok then what next given the fact visa dates for us is not current. (PD: EB2 India early 2005) What will happen to our cases ?

Looking for some answers ! thanks in advance...
 
gcl1wait said:
Hi,

My wife and myself have filed I-485 through her employer. We live different states becos of our jobs. We were recently notified that our cases were transferred to local offices and last week we got interview notices. However interviews are going to be conducted in respective local offices (in state i live and state she lives). Both notices say if its based on marriage then you should bring your spouse. I have few questions

1. Do we have to attend interview at both the places ?

2. If yes then, should both of us be present in interviews at both places ?

3. If interview goes ok then what next given the fact visa dates for us is not current. (PD: EB2 India early 2005) What will happen to our cases ?

Looking for some answers ! thanks in advance...
Click to expand...

Who is the primary applicant? Who is Derivative?
Employer filed LC and I-140 for you or for your wife?
I-485 is not Employer petition; you and your wife filed I-485.

provide the detals.
 
Thanks for the response. Here are the answers to your questions

1. My wife is the primary applicant and I am her derivative

2. Employer filed LC and I-140 for my wife with PD date of April 2005
 
gcl1wait said:
3. If interview goes ok then what next given the fact visa dates for us is not current. (PD: EB2 India early 2005) What will happen to our cases ?
Click to expand...
The files will sit and wait until your PD becomes current. However, the good news is that once they have done the interview, usually (but not always) it means they have already done the other processing like name check.

When did you file the I-485?
 
gcl1wait said:
Thanks for the response. Here are the answers to your questions

1. My wife is the primary applicant and I am her derivative

2. Employer filed LC and I-140 for my wife with PD date of April 2005
Click to expand...

I don’t know why the USCIS separated Derivative I-485.did both of you filed the I-485 on same date?
USCIS local office can only approve I-485 when PD is current. Derivative will not get approved first primary will get approved first. If the file is in same local USCIS office then they first approve the primary and then derivative.
 
Yes, both of us applied on the same date and filed at same service center. However they transferred the cases to local offices closest to the place we live. We have two different local offices since we live in different states.

My date is couple of days before her date. Anyways we have no clue what to expect and how it will go thru...:)
 
gcl1wait said:
Yes, both of us applied on the same date and filed at same service center. However they transferred the cases to local offices closest to the place we live. We have two different local offices since we live in different states.

My date is couple of days before her date.
---------------------She is Primary Her date should be first and once she gets approved then you will not have problem. It seems to me USCIS did a mistake by sending Derivative spouse Interview notice Before the Primary.If you have a lawyer update him so that he can write to LOCAL USCIS office.

Anyways we have no clue what to expect and how it will go thru...:)
Click to expand...

---------------------
 
They probably got suspicious due to the two of you living in different places (most EB applicants who file I-485 aren't interviewed). Be prepared to explain why you are living apart, and what steps you have been taking to visit each other with a reasonable frequency, with proof to back it up like paystubs/job letters/airline boarding passes/bus tickets/etc.
 
Just wanted to update my case details. We had our interviews in our respective local offices. However both of us attended both the interviews with our lawyers.

Funny thing is officers had no clue that we were even married and were surprised that we were present. However being present at both places helped us in a way.

They didn't ask us much apart from oath, verifying address, current EVL and tax returns.

I have approved labor/I-140 with PD 2 years earlier than my wife's. We asked them to use that instead of my wife's PD. our lawyers requested the officer with some documentation that showed such substitutions are possible. The officers agreed and took all the documentation (approved certified labor & copy of I140 approval)

At the end of interview, they told us everything seems fine but they cannot approve our 485 because visa dates were not current. The officer said they would put our application on visa call up. I have no idea what that means.

Anyway, its interesting to note that PD for my labor/I40 is current for month of feb 2009. I have no idea if we will get it this month or not. Keeping my fingers crossed.

does anyone have an idea on how long it takes for them to pick up application after the PD becomes current and the interview is over ?
 
gcl1wait said:
Just wanted to update my case details. We had our interviews in our respective local offices. However both of us attended both the interviews with our lawyers.

Funny thing is officers had no clue that we were even married and were surprised that we were present. However being present at both places helped us in a way.

They didn't ask us much apart from oath, verifying address, current EVL and tax returns.

I have approved labor/I-140 with PD 2 years earlier than my wife's. We asked them to use that instead of my wife's PD. our lawyers requested the officer with some documentation that showed such substitutions are possible. The officers agreed and took all the documentation (approved certified labor & copy of I140 approval)

At the end of interview, they told us everything seems fine but they cannot approve our 485 because visa dates were not current. The officer said they would put our application on visa call up. I have no idea what that means.

Anyway, its interesting to note that PD for my labor/I40 is current for month of feb 2009. I have no idea if we will get it this month or not. Keeping my fingers crossed.

does anyone have an idea on how long it takes for them to pick up application after the PD becomes current and the interview is over ?
Click to expand...

If your PD is current take the infopass and go to local USCIS office where your I-485 file is and ask about the update of your I-485. You should ask for supervisor and inform that your Interview was conducted on date….. and your PD is current..
 
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