EB3- Adding spouse to 485. PLEASE RESPOND

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rs_mangat

Registered Users (C)
My PD is 20th june 2002 (EB3-retrogressed). I just got married 2 months ago & wanted to add my wife's 485 to my application. I was under the impression that until my PD becomes current, I can't file her 485/EAD/AOS. But I consulted my attorney & her opinion was that as my wife is filing her 485 as 'dependent' on my application, she should have all the privileges as I have. In other words, if my application for 485 is pending then her can also be pending "irrespective" of the retrogressed PD.
I filed her 485 application few weeks ago & got the reciept notice. Now, as per my understanding if they had any problem with her application due to retrogressed PD, they would've rejected her application instead of accepting it.
Now the Question is:
Is it possible for them to reject her application at later stage because the PD was retrogressed OR once they accept it, it all good.

All Gurus! Kindly respond


Thanks.
 
rs_mangat said:
My PD is 20th june 2002 (EB3-retrogressed). I just got married 2 months ago & wanted to add my wife's 485 to my application. I was under the impression that until my PD becomes current, I can't file her 485/EAD/AOS. But I consulted my attorney & her opinion was that as my wife is filing her 485 as 'dependent' on my application, she should have all the privileges as I have. In other words, if my application for 485 is pending then her can also be pending "irrespective" of the retrogressed PD.
I filed her 485 application few weeks ago & got the reciept notice. Now, as per my understanding if they had any problem with her application due to retrogressed PD, they would've rejected her application instead of accepting it.
Now the Question is:
Is it possible for them to reject her application at later stage because the PD was retrogressed OR once they accept it, it all good.

All Gurus! Kindly respond


Thanks.
Click to expand...

I was/am in the same situation. My wife's application was not accepted by USCIS.
Please verify with another lawyer.
 
Receipt notice means that application has been accepted - unless otherwise stated on the notice. Does it have A number on it too, if yes then you're all set, otherwise there would be Receipt number and you can keep tracking your wife's case online.
 
rs_mangat said:
My PD is 20th june 2002 (EB3-retrogressed). I just got married 2 months ago & wanted to add my wife's 485 to my application. I was under the impression that until my PD becomes current, I can't file her 485/EAD/AOS. But I consulted my attorney & her opinion was that as my wife is filing her 485 as 'dependent' on my application, she should have all the privileges as I have. In other words, if my application for 485 is pending then her can also be pending "irrespective" of the retrogressed PD.
I filed her 485 application few weeks ago & got the reciept notice. Now, as per my understanding if they had any problem with her application due to retrogressed PD, they would've rejected her application instead of accepting it.
Now the Question is:
Is it possible for them to reject her application at later stage because the PD was retrogressed OR once they accept it, it all good.

All Gurus! Kindly respond


Thanks.
Click to expand...
Am not sure the lawyer was correct in this case.
AFAIK, your wife is eligible to file 485 only when the PD becomes current -- it does not matter if your 485 is pending.

Maybe your case was accepted as its very close to the last known PD (which was June 1, 2002) -- that is the only reason I can think of.
That's also the reason why the other poster's app was rejected (PD: Nov 2002).

I think you lucked out :D -- since you have a receipt notice and A#, you should be good to go.
In any case consult with another attorney to make sure everythings ok.
 
Yes, I have received the reciept Number & A # number. I think I should be good now??

It might be lucky but I think they accepted her application as she was filing as "dependent" on me.

On the notice there is column called 'section'. Over there its written "Derivative adjustment"..which I think, means filing as a dependent.

Anwyays, whatever my attorney had thought, turned out to be true....if I assume that once I get the A#, her case is accepted & in the queue.

Any comments?
 
complete list

Could someone help me for the complete list to file 485 for spouse seperately, or tell me where I could find it?

Thank you very much!
 
You are lucky...
I applied for my wife and USCIS rejected the application. This was done in June 2005. See my signature for MY PD :(
rs_mangat said:
Yes, I have received the reciept Number & A # number. I think I should be good now??

It might be lucky but I think they accepted her application as she was filing as "dependent" on me.

On the notice there is column called 'section'. Over there its written "Derivative adjustment"..which I think, means filing as a dependent.

Anwyays, whatever my attorney had thought, turned out to be true....if I assume that once I get the A#, her case is accepted & in the queue.

Any comments?
Click to expand...
 
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