filing of I485 seperately or together?

P

programmer76

Registered Users (C)
Hi,

Due to circumstances out of control my wife is in India and cannot come to USA for few months. I just wanted general information about what happens in I485 in both the cases below.

(1) If Wife’s I 485 is filed after few months husband's I 485 is filed then what happens at that time?

Does the immigration authorities put the wife's file with husband's file and process them together (because wife's case is dependent up on husband)

OR

Both the cases are processed entirely independent of each other because they came at different dates and decisions for both the cases might be different as well?

(2) Are there any negative consequences of filing the I 485 separately for husband and wife? Is it worth to wait until my wife comes and file both of our I 485 together?
 
programmer76

First of all, you cannot file I-485 for someone who is not present in US.

Here is the answer to the questions:

Q) If Wife’s I 485 is filed after few months husband's I 485 is filed then what happens at that time?

Does the immigration authorities put the wife's file with husband's file and process them together (because wife's case is dependent up on husband)

OR

Both the cases are processed entirely independent of each other because they came at different dates and decisions for both the cases might be different as well?

ANS: They will check the wife petition for the eligibility (by looking into the primary application/documents) but will be kept separately as they are two separate applications.


Q) Are there any negative consequences of filing the I-485 separately for husband and wife? Is it worth to wait until my wife comes and file both of our I 485 together?

ANS: If you file the petition together usually they are one after another and processed approximately same time. Beside that, there are no negative consequences.

I would say go ahead and file your.
 
usnycus

Thanks for your reply. From your answer....

----ANS:If you file the petition together usually they are one after ----another and processed approximately same time. Beside that, ----there are no negative consequences.


Does that mean that even if I wait for my wife to come and file our case together then also we both have different case numbers and our cases will be processed separately?

I was in the impression that if husband and wife file together then

(i) their file is always together and processed together by a single person.
(ii)everything goes smoothly (no extra queries etc.) for wife’s case because her case is just dependent up on her husband.

How true is that?
 
Whether the two applications are filed together or seperately, you both will have different case numbers and they are considered two different applications.

Here the base for your application is the I-140 and the base for your spouse's application is "Your application" (Since she/he is your dependent)

--Vortex

Originally posted by programmer76
usnycus

Thanks for your reply. From your answer....

----ANS:If you file the petition together usually they are one after ----another and processed approximately same time. Beside that, ----there are no negative consequences.


Does that mean that even if I wait for my wife to come and file our case together then also we both have different case numbers and our cases will be processed separately?

I was in the impression that if husband and wife file together then

(i) their file is always together and processed together by a single person.
(ii)everything goes smoothly (no extra queries etc.) for wife’s case because her case is just dependent up on her husband.

How true is that?
Click to expand...
 
Even if you file your wife's 485 later they will be attached to your file (theoritically, sometimes they do screw it up) . By and large filing late for a spouse is not a big issue.
 
Hi Jaxen,

So from your point of view I should not wait for my wife (she is going to come here in June or July) and file my I 485 right now?

Only reason I’m worried was that I was surfing the forums and saw lot of cases where primary applicant was approved but wife was still pending for months and I was worried that if I don’t file our petitions together I may end up like that.
 
Originally posted by programmer76
Hi Jaxen,

So from your point of view I should not wait for my wife (she is going to come here in June or July) and file my I 485 right now?

Only reason I’m worried was that I was surfing the forums and saw lot of cases where primary applicant was approved but wife was still pending for months and I was worried that if I don’t file our petitions together I may end up like that.
Click to expand...

Go ahead and file yours. When you file your wife's, your lawyer will attach your 485 receipt with it. You might get lucky as they might hook your cases together. Or else your wife waits for a few more months.
 
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