Few question on Family based I-485 filing

W

walletless

Registered Users (C)
My wife had filed an I-130 for me when she was a permanent resident. The I-130 is approved.
Now she is a naturalized U.S. Citizen, and we had sent a letter to upgrade our case to IR category. It has been about 6 months since this happened, and we have not heard back from USCIS.

Given the heavy retrogression in the EB category, I have decided to take the plunge and file the I-485 at my cost using the FB route. Before I do so, I have two questions:

1) How can I know if my case has been upgraded to IR category. Can my wife just call the 800 hotline to inquire?

2) My wife will be traveling to India next week for 4 months. Can she file a petition for me before she leaves? If yes, and I am called for an Interview, does my wife has to be present with me at the Interview? What are the implications of the fact that my wife will be India while the case is being adjudicated?
 
If you are inside the US, there was no need for her to send an upgrade letter. All you had to do is file the I-485 along with the approved I-130 and her naturalization certificate, and they would figure it out. You should have done that immediately after she naturalized. If you are inside the US, go ahead and file the marriage-based I-485 ASAP.
 
Jackolantern said:
If you are inside the US, there was no need for her to send an upgrade letter. All you had to do is file the I-485 along with the approved I-130 and her naturalization certificate, and they would figure it out. You should have done that immediately after she naturalized. If you are inside the US, go ahead and file the marriage-based I-485 ASAP.
Click to expand...

Thanks Jackolantern. I did not apply at the time since I wanted for the fiscal year to start and see if I become close to current (My EB2 India priority date is December 2007), so my employer can file the AoS and take care of all the fees. But now that EB2I is retrogressed heavily, I am looking to file I-485.

Given the situation where my wife will be shortly leaving for a 4-month long international trip to India, what are the implications if I file I-485 now and get called for an Interview?
 
Both of you have to be at the marriage-based interview. So if the interview is scheduled when she or you are abroad, it will be necessary to cut the trip short and return to the US in time for the interview. Rescheduling the I-485 interview is dangerous, as they often will deny the I-485 for not showing up even if you requested a reschedule.

So it would be better to delay the I-485 filing. The interview will be at least 2 months after you file the I-485, so it would be safe to file the I-485 about 6-8 weeks before the end of her trip. You have to be in the US when the I-485 is filed, but she doesn't have to be.
 
You must log in or register to reply here.
Top