EB3-485 Application for wife question. Please help

vs1029

Registered Users (C)
Hello friends,

I am currently in 485 (140 approved in June 2005, PD of Oct 2001) stage of my GC and got married in May 2005 and wife arrived on H4 in July.

I found out that I cannot apply for my wife's 485 due to the EB3 retrogression. My question is what happens if my 485 gets approved on the first day the EB3 485 becomes current again.

My lawyer tells me that even if my 485 gets approved on the first day, I can still apply for my wife's 485 until 180 days after my approval and there is no need to worry.

Can anyone on this forum help me figure out if this is true. I was always under the impression that I cannot apply for my wife's 485 if I am approved.

Any help regarding this is appreciated.

Thanks
 
vs1029 said:
Hello friends,

I am currently in 485 (140 approved in June 2005, PD of Oct 2001) stage of my GC and got married in May 2005 and wife arrived on H4 in July.

I found out that I cannot apply for my wife's 485 due to the EB3 retrogression. My question is what happens if my 485 gets approved on the first day the EB3 485 becomes current again.

My lawyer tells me that even if my 485 gets approved on the first day, I can still apply for my wife's 485 until 180 days after my approval and there is no need to worry.

Can anyone on this forum help me figure out if this is true. I was always under the impression that I cannot apply for my wife's 485 if I am approved.

Any help regarding this is appreciated.

Thanks

Your attorney is right.
 
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