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Filing spouse 485 after principal's approval
- Thread starter jsn_lee
- Start date
TheRealCanadian
Volunteer Moderator
jsn_lee said:.. I filed my 485 after I got married...and it has been just adjudicated.. My wife is in US... can I still file for her for 485 on derivative basis even after I am approved...
Of course. What status was your wife in?
curiousGeorge
Registered Users (C)
Technically wouldn't this be a Family Based category 2 petition at this point (i.e. spouse of a permanent resident), since you can only file a "follow to join" for derivatives before the principal applicant is adjudicated?
jsn_lee said:She is in F-1 Status... I believe FTJ is only for the spouse who is still outside the US..
She can file I-485 or Use FTJ in similar way to CP which will be faster if you they allow attorney certified way. She comes under the employment quota since marriage was done before approval
TheRealCanadian
Volunteer Moderator
tammy2 said:She can file I-485 or Use FTJ in similar way to CP which will be faster if you they allow attorney certified way. She comes under the employment quota since marriage was done before approval
Exactly. The only caution I would have regarding CP is that she needs to ensure she maintains F-1 status (by staying in school) until the consular interview, and she will not be able to leave and re-enter the US. AOS provides a lot more flexibility here.
curiousGeorge
Registered Users (C)
tammy2, TheRealCanadian
So if this can still be considered a FTJ under employment based, then when is a case consdered family based category 2 (permanent resident sponsoring spouse)? The way I see it, jsn_lee is already a permanent resident, so how can his wife file a FTJ when his case is already adjudicated. Am I missing something on the rules for FTJ?
I'm curious of the details if someone can explain this to me please.
So if this can still be considered a FTJ under employment based, then when is a case consdered family based category 2 (permanent resident sponsoring spouse)? The way I see it, jsn_lee is already a permanent resident, so how can his wife file a FTJ when his case is already adjudicated. Am I missing something on the rules for FTJ?
I'm curious of the details if someone can explain this to me please.
TheRealCanadian
Volunteer Moderator
curiousGeorge said:So if this can still be considered a FTJ under employment based, then when is a case consdered family based category 2 (permanent resident sponsoring spouse)? The way I see it, jsn_lee is already a permanent resident, so how can his wife file a FTJ when his case is already adjudicated. Am I missing something on the rules for FTJ?
What determines FTJ vs. FB2 is the date of the marriage. If they were married the day before the principal alien becomes a permanent resident, then it is FTJ. If they marry the day after, it is FB2.
curiousGeorge
Registered Users (C)
Interesting. Thanks!