Banta
The link
http://www.murthy.com/news/n_retspo.html says that -
Section 245(k) of the Immigration and Nationality Act applies in employment-based cases and allows the filing of I-485s even if the applicant has been out of status for up to 180 days. Thus, if there is a short gap between the approval of the primary's I-485 and the filing of the dependent's I-485, the dependent's case should still be accepted and approved.
So if the above statement can be believed then looks like from above statements that USCIS should accept and approve her case. May be after the posts after yours, you will also feel that option 1(file GC on her own) and 2(apply Family based GC) may not be appropriate/applicable/best for my spouse.
Dallas03096
Thanks for this info. According to Poongunranar - 'you can file I-485 for the derivative spouse as a "follow-to-join."'
I don't know what "follow to join" signifies here? I thought follow to join is a process that is used if spouse in not currently in USA. I just filed her I485. Don't know anything abt. follow to join.
I filed for I - 485. I picked option - b on I485 page 1 which says - I am applying for an adjustment to permanent resident status because - my spouse or parent applied for AOS or was granted lawful Permanent residence in an immigrant visa category that allows derivative status for spouse and children".
I hope the above option was split so that USCIS guys could easily differentiate between family based and derivative based cases as alerted by Poongunranar.
number30
My spouse is in US on H1B. We got married before I-485 approval and her I485 delivered to USCIS on June 4, 2007.
So I am getting a feeling from all you guys's input that her I485 should be accepted. I will post my lawyers response soon. Thanks for all of yours input.
EB3(VSC), India/PD - Sep 2002
May 31, 2007 - Spouse I-485 sent
June 1, 2007 - My Card production ordered.
June 4, 2007 - My I-485 Approval notice sent.
June 4, 2007 - Spouse I-485 delivered to USCIS.