Filing I-485 for spouse and daughter – 2 questions?

A

Asylee13

Registered Users (C)
Background - My spouse and daughter are here in US as derivatives and I got my asylum based Green card last year.
Now I want to apply I-485 for them. Have 2 questions

1) In the form where it asks “Application type” I am confused what to select because now they have 2 options and both are applicable to them.

a) Based upon my spouse or parent was granted lawful permanent residence or
b) I was granted derivative asylum status as spouse or child of person granted asylum

Looking at the pro’s and con’s of each I think option a means that they will not have asylee tagged in their A# which is a piece of mind if they are traveling. On the other hand I don’t know which process is faster a or b because I am not sure if priority date of one is higher than the other?

2) My second question is ..Do I have submit medical along with the application for both my spouse and daughter ( 10 years old). Or can I submit it later because for me I submitted only after my I-485 was approved?

Any advice will be much appreciated. I need to apply in a day or two as I think filing fee is increasing.
 
I don’t think you choices here: I think the right answer is B because that is their current status. A is probably for people of other categories such as: family based, which I think would take long time, and your kids may not qualify. Your second question: I would say do not submit the medical at the initial application submission. If you submit the medical with your application then chances are that they will send you a RFE in three months, in which case you will come to the forum and ask a different set of questions like; “friends I have submitted my medical along with the initial application and now they are asking a second medical, what should I do?”. My theory (which could be proven wrong) as to why this happens is; once you submit your application they enter your application into their data base; after certain time they review your application, but this is done what they call an Information Officer through a computer system. At this state the information officer normally doesn’t inspect the physical application. So basically, they send RFE even though they have it on file and current. I am telling this first hand experience. So if I were you I would just submit the application alone and wait for their RFE, or you may wanna send the whole package now and once they ask for RFE again then you will confused to point that you will have to resubmit, incurring some hundred dollars along the process….Good luck
 
faysal said:
I don’t think you choices here: I think the right answer is B because that is their current status. A is probably for people of other categories such as: family based, which I think would take long time, and your kids may not qualify. Your second question: I would say do not submit the medical at the initial application submission. If you submit the medical with your application then chances are that they will send you a RFE in three months, in which case you will come to the forum and ask a different set of questions like; “friends I have submitted my medical along with the initial application and now they are asking a second medical, what should I do?”. My theory (which could be proven wrong) as to why this happens is; once you submit your application they enter your application into their data base; after certain time they review your application, but this is done what they call an Information Officer through a computer system. At this state the information officer normally doesn’t inspect the physical application. So basically, they send RFE even though they have it on file and current. I am telling this first hand experience. So if I were you I would just submit the application alone and wait for their RFE, or you may wanna send the whole package now and once they ask for RFE again then you will confused to point that you will have to resubmit, incurring some hundred dollars along the process….Good luck
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I disagree with the second part of Faysal's comment. When/if they ask your for medical after you submitted it with your initial packet, you can just reply back to them saying that you have submitted it already.

I say you should submit it with your application. They have listed it with the things you need to submit, so you should submit it! Why add another step to the process. Also, if we all just follow the instructions, maybe the IOs will have more time to process I485s instead of spending time verifying the completion of files and sending RFEs (it's just my opinion)

About your first question, I agree with Faysal. The answer is B. That's their status.
 
Thanks Freedom. Good catch and thanks for bringing it up.

Now, what i understand from the replies majority of you feel that option B is applicable to them.
But, still i didn't get any convincing reason as to why option a is not applicable to them?
 
Hi.

Asylee.

I am agree with "Option B" because it's explains your path clearly.

"I was granted derivative asylum status as spouse or child of person granted asylum".

Your suppose and daughter gained the right to fill I-485 because of your asylum status.

Option A is also correct but as they mention I think they are pointing different path.Such as familiy base immigration etc.

But what I recommend you if you are still confused call INS and ask them directly.

If you share your experince with me would be very helpfull because I will fill I-485 for my daughter after couple months.

Regards.
 
Hi Asylee 13,

I totally agree with Faysal comments on part 1 & part 2 of ur question. And as far as medical is consern, DON'T SUBMIT IT WITH UR INITIAL APPLICATION. WAIT TILL THEY ASK YOU FOR IT. If you submit it with your initial application, you can believe me that those bastard we make u resubmit it again (waste of money). It happened to 2 of my friends. Good luck.
 
lisa99 said:
Hi Asylee 13,

I totally agree with Faysal comments on part 1 & part 2 of ur question. And as far as medical is consern, DON'T SUBMIT IT WITH UR INITIAL APPLICATION. WAIT TILL THEY ASK YOU FOR IT. If you submit it with your initial application, you can believe me that those bastard we make u resubmit it again (waste of money). It happened to 2 of my friends. Good luck.
Click to expand...

Lisa, did your friends try to just reply back and say they have already submitted their medical with initial application? Maybe they didn't know that they could do that. Also, medical expires after 1 year. Were they asked to resubmit because it expired?
 
Asylee13.............i have nothing against you, but you are the clear example of a person who likes to complicate your and others life, even thought you already know the easy way to reach the goal.

Why you gonna choose option A ?? , since WE ALL know that a petition for a spouse and child as a Permanent Resident takes years , even more than PR based on asylum.

Besides, it is very clear that if you want to present a I-485 for them based on you PR, they will first have to close their asylum status and open a new case based on Family Petition.

Now, why you gonna get them medical examinations when you have not been asked for yet ? . After 1000 of threads here in the forum , WE ALL know that at certain point all I485 pending application will be required to get BCIS that.

Well, as a said, live as much relaxed you can and do not complicate yourself nor others and most important, do not complicate BCIS performance which by the way sucks.....

Regards.
 
MGTgrl said:
Lisa, did your friends try to just reply back and say they have already submitted their medical with initial application? Maybe they didn't know that they could do that. Also, medical expires after 1 year. Were they asked to resubmit because it expired?
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MGTgrl: You are right. if you submit the medical along with the application and USCIS asks for medical later, all you need is write to them, explaining that the medical was done and on file; however, the problem is you know people want their greencard. they are anxious and they don't wanna to make a mistake. Even though as an applicant you know that you had submitted your medical along the initial application, if you recieve a RFE of medical from the UCIS; official letter setting deadline, giving instructions of doctors who can do the test; it is hard to igrone, and most people und up redoing the medical to stay on the same side.

As far as the reason they send the redo medical goes, it really doesn't matter whether the medical spires not, after 3 months or so they just send it...therefore, it is advisable that people don't bother submitting medical initially given the fact that they will get one in the form of RFE.
 
lisa99 said:
Hi Asylee 13,

I totally agree with Faysal comments on part 1 & part 2 of ur question. And as far as medical is consern, DON'T SUBMIT IT WITH UR INITIAL APPLICATION. WAIT TILL THEY ASK YOU FOR IT. If you submit it with your initial application, you can believe me that those bastard we make u resubmit it again (waste of money). It happened to 2 of my friends. Good luck.
Click to expand...

Agree with you. That is my personal experience and friends...
 
You have to pick the asylum cagetory. You have no choice. Quit making an issue out of this.

The other box speaks of "an immigrant visa cagetory that allows derivative status." Immigrant visa categories are set out in sections 202 and 203 of the immigration code. Asylum is NOT included in these provisions. Asylum flows from another provision of the law and is NOT an immigrant visa category.

So the bottom line is you cannot check that box.

I will agree that the application could have been worded better.
 
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MGTgrl said:
Lisa, did your friends try to just reply back and say they have already submitted their medical with initial application? Maybe they didn't know that they could do that. Also, medical expires after 1 year. Were they asked to resubmit because it expired?
Click to expand...

MGTGrl,
One of my friend didin't want to bother with them,so she just went ahead and did the medical all over to stay on the same side. My Other friend try to fight back by writing them and she was send a RFE letter to redo the Medicne again.
AS far as expiration is concern, U just said that Medical expire in 1 year,
but we all know that Uscis doesn't process all I-485 application in one Year.
for some people it may take years and they alwaying updating the Civil surgeon (Doctors) that can perform this test. That is why it is not advisable to sent the Medicine with ur Initial application.
 
lisa99 said:
MGTGrl,
One of my friend didin't want to bother with them,so she just went ahead and did the medical all over to stay on the same side. My Other friend try to fight back by writing them and she was send a RFE letter to redo the Medicne again.
AS far as expiration is concern, U just said that Medical expire in 1 year,
but we all know that Uscis doesn't process all I-485 application in one Year.
for some people it may take years and they alwaying updating the Civil surgeon (Doctors) that can perform this test. That is why it is not advisable to sent the Medicine with ur Initial application.
Click to expand...

Lisa
I agree with you that some cases take more than a year, but the problem is CIS doesn't wait until your case is about to get approved to ask you for medical. Recently (in the last year and a half or so), they ask you to submit BIO and medical within a month or two of your application. They want to have the complete file when the IO gets your file. So it doesn't solve the issue of not having to resubmit it. If the case is going to take longer, your medical will still expire weither it was submitted initially or after requested.

Since their new "goal" is to approve cases in less than a year, they will still ask the medical at the initial phase of the application. Long time ago, it used to be different. They used to wait until you are about to get approved to ask you for medical and BIO. And what you suggesting would make sense in that scenario.
 
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