Got married after filing I-485

N

Nav_Vic

New Member
Hi, I filed for 485 last year (Aug 2007) and got married in Aug this year. I am still on H1B and my wife is here in US with me on H4.
How do I add her to my Green Card application?
Somebody told me she can only be added when my Priority date gets current, but in that case I will have to track it almost everyday.And just in case I miss it for a week and it gets current, I will get my GC and she will be out of status. This really makes me nervous.

Please help !!

My PD is Dec 2006 (EB2).

Thanks in advance
 
Nav_Vic said:
Somebody told me she can only be added when my Priority date gets current, but in that case I will have to track it almost everyday.And just in case I miss it for a week and it gets current, I will get my GC and she will be out of status. This really makes me nervous.
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Priority dates only change on the first of each month, and you learn of the next month's dates around the 15th of the prior month. No need to check every day.

Even if your case is approved, 245k allows your wife to file the I-485 up to 180 days after falling out of status. No need to worry.
 
Nav_Vic said:
Somebody told me she can only be added when my Priority date gets current, but in that case I will have to track it almost everyday.And just in case I miss it for a week and it gets current,
Click to expand...


It is Changes every month. So You do not have look every day. You will come to know by 15th preveious month whether you can apply or not. Only thing she should be in the Country While applying for I-485.
 
I think she can file I-485 immediately, while your I-140 is still pending, provided you have filed I-140 and I-485 concurrently.

Concurrent filing is a benefit available for your family as well, not only for you. And concurrent means not only simultaneous filing, but just filing I-485 before I-140 is approved or before priority date is current (but on the date or after I-140 is filed)
 
raevsky said:
I think she can file I-485 immediately, while your I-140 is still pending, provided you have filed I-140 and I-485 concurrently.

Concurrent filing is a benefit available for your family as well, not only for you. And concurrent means not only simultaneous filing, but just filing I-485 before I-140 is approved or before priority date is current (but on the date or after I-140 is filed)
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I do not think so. Even to file concurrent you need to have PD current. This Rule apply for primary as well as all dependents.
 
raevsky said:
I think she can file I-485 immediately, while your I-140 is still pending, provided you have filed I-140 and I-485 concurrently.

Concurrent filing is a benefit available for your family as well, not only for you. And concurrent means not only simultaneous filing, but just filing I-485 before I-140 is approved or before priority date is current (but on the date or after I-140 is filed)
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No he can't file wife's 485 unless his dates are current.

Please verify your information before posting as someone can depend on this information. I have seen wrong info in various threads posted by you.
 
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raevsky said:
How were you able to submit I-485 in August 2007 if your priority date is not current?
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The point is that during that time, the USCIS made PD current for every one by which thousands if not millions applied either concurrent with I140 or I-485 by itself. The USCIS retrogressed few countries again and whoever did not file during that time for himself or dependants should wait till another miracle happen or the PD become current again
 
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