Filed I485 on May 31 for spouse. Mine apprvd on June 1. Whats her I485 future?

Well read this with a caveat as I am a totally non-lawyer layperson... take it for whatever it may be worth.

I think that's pretty much a gray area when it comes to single-intent non-immigrant visa and AOS and I've read conflicting opinions everywhere. I personally believe, however, single-intent/dual-intent matters more when you apply for a single-intent non-immigrant visa (say, F-1) at the US embassies/consulates, when you are inspected at port of entry, and if one attempts to COS to single-intent non-immigrant status (say, from H1-b to F-1) after s/he shows immigration intent by applying for GC. AOS, on the other hand, is another story, because it's, well, literally "adjustment of status." I think your wife stays on F-1 till approval, unless she uses EAD or she travel out of the US on AP and reenters as a parolee.

See this, for example. This is from ICE/SEVIS.

http://www.ice.gov/doclib/sevis/pdf/Termination Reasons.pdf

At the bottom, it says:

Adjustment of Status: When a nonimmigrant student files an Adjustment of Status (Form I-485) but maintains F/M status, the student’s SEVIS record should remain active until the adjustment is approved. The DSO should then manually terminate the record for Change of status approved. Note the circumstances in the remarks and provide the student’s A-Number or Receipt Number.

It seems to read as saying that non-immigrant students remain on their student visa status (unless use EAD or reenter as a parolee) while their AOS are pending... as long as they fulfill the requirements for students status, of course.

I personally do not know people who did AOS of F-1 to GC, so I could be wrong. But I know some who did AOS of E to GC. E is not double-intent either, but they were on that status with AOS pending (one of them needed a business travel out of the US so reentered on AP with E invalidated). Perhaps there might be some differences between how they handle F and E, but I doubt it...

At any rate, though, as long as your wife is in the US, this does not seem to make much immediate difference, right? She now has AOS pending as your derivative, and whether F-1 or authorized stay on AOS pending, her stay is legal and either way she needs AP if she travels out and reenters. One reason to keep her F-1 would be as an insurance (should anything wrong happen to her AOS, she is in status if at that point she stays on F-1), but especially as a dependent applicant (with the primary already approved) chances are very slim she gets rejected, I think.

She may want to talk with her school DSO (I think schools may have received SEVIS's liaison Call Summary regarding this matter).

My 2 cents...

Dear geofu54:
Thank you for the detailed message. I appreciate it.

You are correct. Lawyer said it is AOS by FTJ. It is still AOS. Lawyer had already sent the application to USCIS this afternoon.

Lawyer did mention that once she applies, my wife's F1 becomes void. However, lawyer mentioned that my wife can apply for Advance Parole and EAD and use them for travel and work respectively -based on the pending AOS. Lawyer did not mention any reason for holding on to the F-1 (as a mandatory need).

thoughts? thanks again.
 
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Thanks geo for ur information. I could not get hold of my lawyer. Will post his views once I am able to.

My lawyer filed for her I485. Is it different from filing AOS by FTJ?

Also assuming no issues(appplication accepted), what will be the next steps taken by USCIS? Fingerprint?

Thanks a lot for your input.
 
No, I believe it's just AOS as usual. Sounds to me like Confused's attorney used the term FTJ when he actually meant to say AOS.

CIS is not very much consistent (duh), but in most cases, it seems they usually send a fingerprint appointment letter within a month after RD. In some cases it takes longer than that... I have no idea what causes such variation.

Hope your wife's case will go smoothly. Keep us posted and let us know what your lawyer says.

Thanks geo for ur information. I could not get hold of my lawyer. Will post his views once I am able to.

My lawyer filed for her I485. Is it different from filing AOS by FTJ?

Also assuming no issues(appplication accepted), what will be the next steps taken by USCIS? Fingerprint?

Thanks a lot for your input.
 
same situation

I am in similar situation as MohitFL

My wife is on H1.
We got married in November 2006 when my case was still pending.

Today i received the email - Card Mailed.
(EB3 - India/PD: May 2003: Texas Service Center)

I am trying to get hold of Attorney to send in my wife's application at the earliest.

Please let me know if i need to send any additional information.

Thanks.
 
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Please let me know if i need to send any additional information.

aadnn
I didn't send any. And as per poongunranar, he didn't send any additional information.

Seems we have similer case. Please post any update from USCIS once your spouse I485 is filed.
Getting hold of attorney's is tough:p
I am told to wait for 2 weeks to see if I get Recipt notice for my spouse case. My attorney is not sure. But I am optimistic.
 
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I spoke with my Attorney..he mentioned that in my case it would be an Follow to Join - and that would lead in my wife going for a interview with a Consulate in Abroad. So i am confused and i have asked them to hold on till i can get some clarification on the status.

Any suggestions?
 
aadnn
I could not speak directly to attorney but I was told the same by my employer. I actually thought he does not know so I didnot post it here.

I am very surprised that why for some people its nornmal process and for some its follow to join and go abroad?? I guess you have still not filed for your spouse I485.
 
I havent yet applied for my wife. Still waiting on some clarification.

By the way any update on the documents you sent for your wife on June 1st?
 
That is correct (> follow-to-join). Either way, the point is if you got married prior to your I-485 approval. If marriage happened after the approval, then that would be a big trouble; in that case it'd be family-sponsored route (2A) and at this point a 5-year wait.

Hi,

This link at USCIS clearly states that you can file for your spouse after your green card approval if your spouse is physically in USA

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5993da568324e010VgnVCM1000000ecd190aRCRD&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD

I guess if your spouse is not here in USA, then Follow-to-Join procedure is required.
 
MohitFL!!! Man Did you get reciept Notice???

MohitFL!!! Man Did you get reciept Notice???
Take sometime and post any updates on ur case....
 
My PD was August 2002 and I filed my 485 soon after that. I got married in November 2004. I sent my wife's 485 application in January 2005 and it was rejected because of the retrogression.

Recently my PD became current and my 485 was approved on 07/06/2007. My HR and law firm (clueless b*stards), didn't send my wife's application before my 485 was approved despite begging them to do so since May 15th.

After I refused to work until they resolved this issue, the CTO arranged for a call with the law firm and the HR. The law firm spoke with USCIS and filed my wife's application on 06/11. Yesterday (06/30) I got a letter from USCIS saying that my wife needs to give finger prints in 07/17 and it also has a receipt number.

I think USCIS is OK with accepting this kind of cases.
 
smart move...."stopped working" hahaha!
Well I guess its taking 3 weeks for people to get the notice.

So where did your lawyer send your wife's papers? And where was your GC applied... My center is Texas
My PD was August 2002 and I filed my 485 soon after that. I got married in November 2004. I sent my wife's 485 application in January 2005 and it was rejected because of the retrogression.

Recently my PD became current and my 485 was approved on 07/06/2007. My HR and law firm (clueless b*stards), didn't send my wife's application before my 485 was approved despite begging them to do so since May 15th.

After I refused to work until they resolved this issue, the CTO arranged for a call with the law firm and the HR. The law firm spoke with USCIS and filed my wife's application on 06/11. Yesterday (06/30) I got a letter from USCIS saying that my wife needs to give finger prints in 07/17 and it also has a receipt number.

I think USCIS is OK with accepting this kind of cases.
 
Guys,

I'm in a similar situation. I got my I485 approved on June25th. My attorney took a long time in filing my wife's petition. They mailed out on June 29th and it reached NSC on July 2nd. I'm afraid NSC is going to reject her petition based on unavailability of visa numbers. I know 245(k) provides a safety nest for 6 months. But, I'm not sure how the visa numbers are going to look like in Oct. My PD is Mar 2003, EB3. What options do I have at this point? Please advise. Thank you.
 
Sorry guys for late reply. I have not received any Receipt Notice yet. My spouse case has been sent to Dallas, TX.
Since my spouse is in US on H1, it would not be Follow to join case. It will be a regular I485 case. This is what I have learnt so far from this forum.

Her application was received by USCIS on June 4 and today its July 4. Does it take this long to receive a receipt Notice?
Can I send them any proof that I have become Permanent Resident (without having her receipt number)? Or any thing I can do to inquire/speed up about her case?

Thanks
Mohit
 
dnaren -
For your spouse did you submit evidence that you have been granted permanent residence along with your I485?

I did not sent any evidence as I got my I485 approved a day after I sent her case.
 
its good sign

Hi Mohitfl
It is good that they received it.In my son's case they did not encash the check and returned the application after 1 month.Second time they accepted it and encashed the check.U can check whether they encashed the check or not.regarding gap of one month, don't worry in my son's case they took 4 month.Let us know the development, we are curiously watching ur case and wish you good luck.
Thanks



Sorry guys for late reply. I have not received any Receipt Notice yet. My spouse case has been sent to Dallas, TX.
Since my spouse is in US on H1, it would not be Follow to join case. It will be a regular I485 case. This is what I have learnt so far from this forum.

Her application was received by USCIS on June 4 and today its July 4. Does it take this long to receive a receipt Notice?
Can I send them any proof that I have become Permanent Resident (without having her receipt number)? Or any thing I can do to inquire/speed up about her case?

Thanks
Mohit
 
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