Filing I-485 for spouse after principal's I-485 is approved

D

detroit99

New Member
Hi all,

I am in an unusual situation. My I-485 was filed in August 2004. I got married last month and wife arrived in US on H4 Visa. My plans were to add her to my I-485 processing so that she gets her GC at the same time. My I-485 processing got approved last week before I could submit her papers to the INS. Now is my wife out of status (I don't suppose as my H1 is still valid). Can I add her to my I-485 processing based on the fact that I got married before my I-485 was approved. Is there another possibility to get her GC other than filing for Family based Consular processing which takes several years? I have read on this forum that it is possible to add her on to my I-485 but am not certain about the latest laws.

Thanks in advance.
 
detroit99 said:
Now is my wife out of status (I don't suppose as my H1 is still valid). Can I add her to my I-485 processing based on the fact that I got married before my I-485 was approved.
Click to expand...

Yes. You need to move quickly, but carefully.

Your wife fell out of status the day your I-485 was approved. She needs to have her I-485 filed within 180 days of this event; if she does so, 245k will forgive her out of status period. Mark that date on your calendar - that is your drop-dead date.

Get her medicals done. Get certified copies of her birth certificate and your marriage certificate, as well as a copy of your I-485 approval notice and passport stamp. Make sure you get a check ready for the I-485 filing fee, the fingerprinting fee and the AP application (since she MUST have AP before she leaves the US).

Your wife is in good shape. Get her filing in order and get it sent out soon, but don't rush. Do it right.
 
Similar situation

Hi TheRealCanadian,

I am in a similar situation with I-485 approved, wife in US under H4 Visa but her papers not submitted for I-485.

Should I go through the Company lawyer only for my wife's 485 processing? Also, do I wait to get my passport GC stamped till the receipt notices for her filing are obtained?

All,
Any recent experiences in this matter would really be appreciated !!

Thanks in advance.
 
ohion said:
Should I go through the Company lawyer only for my wife's 485 processing?
Click to expand...

Have you tried filling out the forms yourself? You'll just need to submit along with the I-485 a copy of your I-485 approval, a certified copy of the marriage & birth certificate.

Also, do I wait to get my passport GC stamped till the receipt notices for her filing are obtained?
Click to expand...

Waiting will only delay the receipt of your card with no benefits. It won't affect your wife's situation one way or another.
 
Cost range to go through a lawyer

Hi all,

If I am planning to file I-485 for my wife through a lawyer, can you please let me know the price range. The reason is I am aware that it is just a matter of filling in the required forms and sending it out to the Service center.

Thanks !!
 
Question for mods, how exactly do you use 245k? I have searched the 485 form for some checkbox or something, but nothing there. I have goggled it, but nothing came up. Any markers?
 
jllag1 said:
Question for mods, how exactly do you use 245k? I have searched the 485 form for some checkbox or something, but nothing there. I have goggled it, but nothing came up. Any markers?
Click to expand...

You don't "use" it, it's just relief available to you without having to do anything special. USCIS should know if you are eligible and apply the law. If you get an examiner not familiar with 245k, they'll kick back an NOID at which point you mention that the out of status/overstay was < 180 days and explictly claim 245k relief.

Search for Section 245 of the INA, subsection K.
 
TheRealCanadian said:
You don't "use" it, it's just relief available to you without having to do anything special. USCIS should know if you are eligible and apply the law. If you get an examiner not familiar with 245k, they'll kick back an NOID at which point you mention that the out of status/overstay was < 180 days and explictly claim 245k relief.

Search for Section 245 of the INA, subsection K.
Click to expand...

Thank you.
 
got letter for I-485 interview but my wife need divorce

been married since 2002 filed 1485 about year now just got letter for interview in may 2005 right now we are separate and she need divorce shes not going with me to my 1485 interview what can i do do i still gotto go to my interview? need help wife us citizen
 
Last edited by a moderator:
romba30 said:
been married since 2002 filed 1485 about year now just got letter for interview in may 2005 right now we are separate and she need divorce shes not going with me to my 1485 interview what can i do do i still gotto go to my interview? need help
Click to expand...
if its ur 485 interview then why does ur wife needs to join u?
 
You must log in or register to reply here.
Top