Filing Spouse's 485...

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Faith2005

Registered Users (C)
Filing 485 for Spouse ..PLEASE HELP



With recent 485 approvals I am sure many of us must be going thr similar situation like me ...Here is my situation

I am filing a 485 application for my spouse who is in USA on H4 (valid till 2010).I got the 485 approval before a month thr employment based category. Appreciate your inputs on following 5 issues...Thanks for your help in advance.

1)Part 1 of form 864, affidavit of suppport should I check on a) or b)
a) I am the petitioner. I filed or am filing for the immigration of my relative.
b)I filed an alien worker petition on behalf of the intending immigrant, who is related to me as my _ _ _ _ _ ___ I did not get the meaning of "alien worker petition"

2)While sigining form 864, do I have to notarised the signature?( sign in front of notary) or it's not required.

3)Approval of my 485, means she is out of status on H4 since month..Her h1 thr lottery is pending with USCIS ....Does this give her a legitimity to stay in USA till h1 ia adjusdicated? '

4)On 485 ,should I meantion her current immigration status as H4 with a validity of 2010 or as pending H1?

5) Can I file my spouse 485 by myself as at last minute attorney is doubling my fees
Appreciate your inputs.
 
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Faith2005,

I am in the same boat as you. But I have filed my wife's 485 case couple of weeks ago and haven't received the receipt notice yet. Any useful information is greatly appreciated.

Thanks
 
HI VlkPortal

Did you file by yourself or U used an Attorney ?
Let us unite and share the info as much as we can.

Faith2005
 
Faith2005,

I filed it thru an attorney. I feel you should approach an attorney and file it.
I am still unclear if my wife will be out of status and will they accept her 485.
As I hear from my attorney, he asked me to wait for acceptance.Did you find out if applying your wife's case after approval is OK and will they accept it and if so any other paper work needs to be submitted?

Thanks
 
I have found out thr research that Applying for wife after approval is ok ..If they accept it, your wife ca nget EAD in 4 months ...What fees attorney charged you for the filing spouse ? I was talking to one attorney and he is claiming $3000 when I have every thing filled by myself..
 
Hey Faith2005,

My company attorney took double the money like 700 + fees for 485/765/131.
I filled in 134 for the affidavit of support. I asked my other friend to fill that form.

Thanks
 
Hello vlkportal.

Thanks for the info. I have contacted one attorney and he thinks affidavit of support is not required at all for the employment based category as I have already got the GC by clearing all the required stages of meeting prevailing wages.. He think only the letter from employer and copy of paystubs should be ok ..What do you think?

Faith2005
 
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