Effect of PD Retrogress: Primary Approved, Derivative Waiting
- Thread starter usnycus
- Start date
The dependent's case will have to wait till the PR date becomes current. Every GC needs its own visa number, so the fact that the primary case is approved is irrelevent.
BTW, I am in the same boat. My spouse's case was transferred to the local office, but mine was approved.
BTW, I am in the same boat. My spouse's case was transferred to the local office, but mine was approved.
What abt spouse being added later
I added my wife to I-485 an year after mine. My ND is 08/11/03 and hers is 07/11/04. The other day i saw her I-485 receipts and found that there is no priority date on it.
Is it normal?? If a derivate applicant is added later, do they not have a priority date...
I added my wife to I-485 an year after mine. My ND is 08/11/03 and hers is 07/11/04. The other day i saw her I-485 receipts and found that there is no priority date on it.
Is it normal?? If a derivate applicant is added later, do they not have a priority date...
TheRealCanadian
Volunteer Moderator
patpat said:
All aliens have a priority date. Hers is the same as yours.
TheRealCanadian
Volunteer Moderator
pv1976 said:
Of course she will. All dependents automatically have the same priority date as the primary applicant. Don't confuse it with receipt date or notice date.
Dependent gets same PD as primary.
FYI: PD is based on LC/I-140/I-360 or I-130. It's not based on I-485. If your spouse is filling I-485 without any supporting immigrant petition (I-140/130 etc.), spouse is using primary's immigrant petition (LC/I-140/360) to establish her/his PD. And, it (PD) will be same for primary and dependents in EB cases.
Scenario changes when primary gets approved but dependent is still waiting and PD retrogress beyond PD (which is same for both). I am still trying to find out if USCIS/DOS will let spouse adjust status or apply for an immigrant visa at consulate.
FYI: PD is based on LC/I-140/I-360 or I-130. It's not based on I-485. If your spouse is filling I-485 without any supporting immigrant petition (I-140/130 etc.), spouse is using primary's immigrant petition (LC/I-140/360) to establish her/his PD. And, it (PD) will be same for primary and dependents in EB cases.
Scenario changes when primary gets approved but dependent is still waiting and PD retrogress beyond PD (which is same for both). I am still trying to find out if USCIS/DOS will let spouse adjust status or apply for an immigrant visa at consulate.
pv1976 said:
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TheRealCanadian
Volunteer Moderator
usnycus said:
Why would they? If the PD isn't current, no immigrant visa can be granted. That means no consular interview, and no I-485 filing.
Here is the text from DOS:
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4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: INDIA, MEXICO, and PHILIPPINES.
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In scenario I have projected, principal beneficiary has already adjusted his/her status, based on above from DOS, shouldn't they allow dependent to achieve the SAME STATUS i.e. Permanent Resident.
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4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: INDIA, MEXICO, and PHILIPPINES.
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In scenario I have projected, principal beneficiary has already adjusted his/her status, based on above from DOS, shouldn't they allow dependent to achieve the SAME STATUS i.e. Permanent Resident.
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The visa number limit is different for primary and dependent:
"Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320"
Will this cause primary and dependent get processed differently?
"Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320"
Will this cause primary and dependent get processed differently?
TheRealCanadian
Volunteer Moderator
usnycus said:
Well, if one considers that under law, it is illegal for DOS to assign a visa number to an alien whose PD isn't current, and in every category, an alien without a current PD cannot get a consular interview or file an I-485, I would suggest that my speculation has a very high probability of being accurate.
Sorry friends, I don't think there is something called as per-country limit based on PD. There may be a per-country limit, I agree with that, but based on PD, had it been that way then 2002's would not be still waiting in a queue.
Yeah yeah, I know that there are categories, but that too does not reflect the current happenings.
I guess, we cannot say RELAX!! to one-another, for the guys who are still waiting because, each feels the pain and stress in their own way, differently.
Hope we all see good days soon!!!
Yeah yeah, I know that there are categories, but that too does not reflect the current happenings.
I guess, we cannot say RELAX!! to one-another, for the guys who are still waiting because, each feels the pain and stress in their own way, differently.
Hope we all see good days soon!!!
For those who are interested, check following:
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Following-to-Join Benefits for Spouses
Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as an immediate relative (parent, spouse, or unmarried child under 21 years of age) of a U.S. citizen.
If you were married before you became a lawful permanent resident, and your spouse did not physically accompany you to the U.S., your spouse may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your spouse, and your spouse will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. Consulate that you are a lawful permanent resident so that your spouse can apply for an immigrant visa. Your spouse may be eligible for following-to-join benefits if your relationship still exists and if one of the following is applicable:
-- You received a diversity immigrant visa
-- You received an employment-based immigrant visa
-- You received an immigrant visa based on your relationship to your U.S. citizen sibling
-- You received an immigrant visa based on your relationship to your U.S. citizen parent when you were already married
source: http://uscis.gov/graphics/howdoi/Appproc.htm#Following
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Following-to-Join Benefits for Spouses
Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as an immediate relative (parent, spouse, or unmarried child under 21 years of age) of a U.S. citizen.
If you were married before you became a lawful permanent resident, and your spouse did not physically accompany you to the U.S., your spouse may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your spouse, and your spouse will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. Consulate that you are a lawful permanent resident so that your spouse can apply for an immigrant visa. Your spouse may be eligible for following-to-join benefits if your relationship still exists and if one of the following is applicable:
-- You received a diversity immigrant visa
-- You received an employment-based immigrant visa
-- You received an immigrant visa based on your relationship to your U.S. citizen sibling
-- You received an immigrant visa based on your relationship to your U.S. citizen parent when you were already married
source: http://uscis.gov/graphics/howdoi/Appproc.htm#Following
===================================================
this is not correct
Here they mean that no need to wait for visa number based on I-130 and take advantage of Primary PD.
This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your spouse, and your spouse will not have to wait any extra time for a visa number to become available
Here they mean that no need to wait for visa number based on I-130 and take advantage of Primary PD.
This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your spouse, and your spouse will not have to wait any extra time for a visa number to become available