EB3 - How to add spouse to existing 485

S

sree321

Registered Users (C)
Hi,

I am in strange situation. I need to add my wife to my 485 application and people are saying that i need to wait until Oct'2005. Is is true? How soon i can add my wife so that she can get EAD/AP. Currently she is on H4.

My details are:

PD:Oct 2003
140 Approved
485 Applied on Aug'04

I have EAD&AP and just today got second FP notice.
I am worried How best and soon i can add my wife to my application. Please suggest me.

Thanks,
Sree
 
sree321 said:
Hi,

I am in strange situation. I need to add my wife to my 485 application and people are saying that i need to wait until Oct'2005. Is is true? How soon i can add my wife so that she can get EAD/AP. Currently she is on H4.

My details are:

PD:Oct 2003
Click to expand...
I have very bad news for you.
You cannot apply AOS for your spouse in October, not until your PD becomes current.

Since your PD is about 16 months ahead of the last published date of Jun 02, be prepared to wait atleast 1-1.5 years before your wife is elegible to apply 485.
This also means you can't work on EAD till then or else your spouse will loose H4 status becuase you are not on H1 anymore.
 
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Thanks for the answer.

Now i am looking for alternate options. My wife did Masters, so is there any way i can add her as EB2 category.

I am also planning to use EAD soon. Can you suggest me any other possible solutions. One last option i have is apply H1B for her.

ONE MORE DOUBT.

I understand that till june they accepted the application. During that time if i applied, would they have accepted? If so why they won't accept in this Sept as soon as visa numbers available.

Thanks,
Sree
 
sree321 said:
Thanks for the answer.

Now i am looking for alternate options. My wife did Masters, so is there any way i can add her as EB2 category.

I am also planning to use EAD soon. Can you suggest me any other possible solutions. One last option i have is apply H1B for her.

ONE MORE DOUBT.

I understand that till june they accepted the application. During that time if i applied, would they have accepted? If so why they won't accept in this Sept as soon as visa numbers available.

Thanks,
Sree
Click to expand...
If your wife can be sponsored for an NEW GC, then she can go as EB2
You can't just add her as EB2 to your existing EB3 application -- the "EB"x is for the primary beneficiary - you in this case.

Visa bulletins are always announced about 15 to 20 days BEFORE the "effective" date -- that's why the October bulletin comes out in mid Sept -- so the numbers are only available starting Oct 1st -- they just give you advance notice of it.

Same with the July bulletin - it came out in mid-June and they stopped accepting applications starting July 1st.

If you use your EAD, she loses H4 status - she needs to get a change of status to something else - H1 is an option.
 
sree321 said:
Now i am looking for alternate options. My wife did Masters, so is there any way i can add her as EB2 category.
Click to expand...
She will have to start her own GC process from scratch including Labor/Perm.
EB2 for India is also expected retrogress to next month.

sree321 said:
I understand that till june they accepted the application. During that time if i applied, would they have accepted?
Click to expand...
They stopped accepting 485 applications with retrogressed PDs on Dec 31st 2004. There was lot of people complaining about this because their attorneys did not file 485 on time. A difference of few days made the wait longer by few years. My friend received RFE in the last week of December.
 
To my knowledge if you already have an EAD that means your application is accepted and you are given a A#. If it is correct then you should be able to file for your wife's 485. Plus the 2nd FP (if it is Code 2 or 3) would mean that your approval is around the corner.

Please consult a lawyer, also please post it on this forum about your discussion with lawyer for other's benefits.

Thanks
 
add her to your 485 before the approval

You should consult your attorney ASAP to find out if it's possible to add her. If it is, do so ASAP before your 485 is approved. Your real trouble starts when your case is approved before you add her...

To my understanding (not from professional source), if you add your wife to your application, she should inherite your priority date and category (EB3), so you may add her to your I-485 without any problem. But again, ask attorney for sure.

If all possible, add her to your I-485 ASAP, and get her an EAD. If she later on launch a job, it's better to ask her employer to apply H1 for her, which provide extra security, plus a chance to apply GC as a primary, with you being her dependent.
 
usrfdluj said:
You should consult your attorney ASAP to find out if it's possible to add her. If it is, do so ASAP before your 485 is approved. Your real trouble starts when your case is approved before you add her...

To my understanding (not from professional source), if you add your wife to your application, she should inherite your priority date and category (EB3), so you may add her to your I-485 without any problem, once EB3 is current in Oct. But again, ask attorney for sure.

If all possible, add her to your I-485 ASAP, and get her an EAD. If she later on launch a job, it's better to ask her employer to apply H1 for her, which provide extra security, plus a chance to apply GC as a primary, with you being her dependent.
Click to expand...
 
usrfdluj said:
You should consult your attorney ASAP to find out if it's possible to add her. If it is, do so ASAP before your 485 is approved. Your real trouble starts when your case is approved before you add her...

To my understanding (not from professional source), if you add your wife to your application, she should inherite your priority date and category (EB3), so you may add her to your I-485 without any problem. But again, ask attorney for sure.

If all possible, add her to your I-485 ASAP, and get her an EAD. If she later on launch a job, it's better to ask her employer to apply H1 for her, which provide extra security, plus a chance to apply GC as a primary, with you being her dependent.
Click to expand...
Yes -- its correct that the spouse will get the same priority date.
The problem is EB3 is currently UNAVAILABLE WORLDWIDE.
So even if you have a PD in 1995, you still can't file her 485 till her PD becomes current per the visa bulletin.

The OP can prepare all the paperwork - but can't file till atleast Oct 1st. (possibly a much more longer delay as his PD is Oct 2003)

EDIT: There is not a significant "risk" of the OP's 485 getting approved before filing for the wife -- the PD needs to become current for that approval to happen as well - so unless it gets approved on day 1 of the month when the PD became current, her application would be in !
 
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Adding spouse to existing 485

Thanks for all the responses.

Now i got a ray of hope. Yes i have A#number. Planning to consult a lawyer. I will post my finding.

I am hoping that i should be able to add my spouse in Oct'05(as soon as visa numbers available)

Please let me know any other thoughts.

Thanks,
Sree
 
thukralrk said:
To my knowledge if you already have an EAD that means your application is accepted and you are given a A#. If it is correct then you should be able to file for your wife's 485.
Click to expand...
Primary having A# no way affects spouse's elegibility to file 485.
Dependent has same PD has primary.
CIS will not accept any applications with retrogressed PD period

thukralrk said:
Plus the 2nd FP (if it is Code 2 or 3) would mean that your approval is around the corner.
Click to expand...
FP notice had no relation to when the case will be approved. Many have given multiple FPs and still waiting for approval. My PD is several months away from becoming current, I just did biometerics today. By law, CIS can't approve any case until PD is current, regardless when FP was taken.
 
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usrfdluj said:
Your real trouble starts when your case is approved before you add her...
Click to expand...
There is no trouble if the marriage took place before 485 approval. There is 180-day grace period after primary's approval to file AOS for dependent.

usrfdluj said:
To my understanding (not from professional source), if you add your wife to your application, she should inherite your priority date and category (EB3), so you may add her to your I-485 without any problem. But again, ask attorney for sure.
Click to expand...
You are correct about dependent inheriting PD from primary. The problem is primary's PD is retrogressed, so dependent can't file AOS.
 
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There is no trouble if the marriage took place before 485 approval. There is 180-day grace period after primary's approval to file AOS for dependent.

armie, thank you for the detailed analysis.

I am planning to apply H1B for my spouse. Then she will not be dependent any more. In such situation, will i be able to file AOS for her within 180 days after my 485 approval.

Thanks,
Sree
 
sree321 said:
I am planning to apply H1B for my spouse. Then she will not be dependent any more. In such situation, will i be able to file AOS for her within 180 days after my 485 approval.

Thanks,
Sree
Click to expand...
Why wait till after your approval?
As soon as your PD becomes current, she is elegible to file AOS/EAD. It doesn't matter if she is on H1/H4.
 
Good news for Sree

Hi Sree,
I read your problem. I've good news for you. I was exactly in the same boat. My PD is 20th june 2002. I just got married 2 months ago & wanted to add my wife's 485 to my application. I was under the same 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 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. Unless they reject it at later stage when they realize. Does anyone know if its possible for them to reject the application at later stage due to this reason OR once they accept it, its all good. Kindly respond.
Please consult your attorney also as I'm just giving you a suggestion.
Thanks.
 
Has your spouse got EAD yet?
I suspect they accepted her AOS application because your PD was so close published current date at that time. Keep us posted on the progress of the case.
 
I spoke with couple of other attoneys and they also said that i have to wait until my PD becomes current.

Now i am applying H1B for my wife. In hurry to send the docs by tomorrow. Afterwards i will look for possible options to apply her 485.

Still i did not loose hopes completly on adding her to my 485

Thanks,
Sree.
 
Armie,
I've a question (to all)
Since they have accepted her application for 485/EAD/AP (even though I haven't recieved her EAD yet), if tomorrow I get my green card, will her application for 485 still be valid or they can create problems later on saying that her case was filed when the PD was not current etc etc.?

Please respond
 
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