Help - I-485 approved but spouse 485 receipt not yet received

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New Member
Hi all

I have just found out that my I-485 application (EB-3/PD:Sept 98/ND,RD:01/2000) has been approved through AVM today. However I had filed for an I-485 for my spouse on May 15, 2001 immediately after marriage, hoping that her application would be connected to mine. Since VSC is so backlogged with mail that they have not even opened any mail since April, including my spouse\'s I-485 application ..

What options , if any , do I have ? Is she out of status ? Can I keep postponing my GC PP stamping till she gets her approval ?
 
No Title

With are in the same boat brother.
I filed for my wife\'s I485 on april 17,01 and my i485 got approved on 31st may,01. I tried to ask the status question with my company\'s lawyer, but no response.

What, i have concluded, is that, since her 485 was filed (receipt date) prior to my approval date, then her application for adjustment of status is valid. And one can remain in this country, prior to the i485 being accepted/rejected. In the meanwhile, one has to travel in and out using the adv.parole and work using EAD. This conclusion, i have derived from the fact that, company\'s often do not extend H1 (on expiry) but insist on employees to be on EAD/parole.

Another, fact, is that, one can remain out of status for less than 180 days, and not get disbarred for 3 yrs/10yrs.

Once, i get her receipt, i would be able to say for sure.

Let me know, if you gather any info from your lawyer.
 
No Title

I think Postponing your stamping will not serve any purpose. It used to be optional to get PP stamped and it will be usefull incase if you need to travel before you receive your plastic card!

Since you have filed your spouse case before your approval you always fight with INS incase if they deny your spouse case. I don\'t think she is out of status. They cannot deny your spouses application if you have any proof that you have submiited her application atleast just 1 day before your approval.

Hope for the BEST. Wish you GoodLuck!!!
 
No Title

Thanks INSAF and OCT2000. INSAF i will let you know once my lawyers get back with any options
 
No Title

Hello.,
  We also went thro the same situation.
My Husband filed I485 on april 12 th,2001 .
His details are
              PD : Sep 1998.
              I485 RD: Oct 30,1999.
              ND: Nov 04,1999.
              FP : Apr 14,2001.
We got married on March 11,2001.
He applied I485 and EAD for me when his PD was not current.
His PD became Current on June 1,2001.
The very next day he got his approval notice.
Because of the backlog in VSC,I didn\'t get the receipt for my I485.
We were worried about the situation.
But on June 29,2001 I got my receipt.
Praise God.

Hope this helps.
 
No Title

Thanks HelloHi for the information. But just to confirm - can you continue to be on H-4 even though technically after approval your husband is no longer in H-1 status ? Does getting a 485 receipt automatically imply being "in-status" ?
 
No Title

gv10 , Please read this if it can help you .

From Murthy Chat:
-----------------
Question ->
sampath11 : hello murthy!! I got my 485 approval 2 weeks back just when i was planning to file for my wife. I got married a month back and my wife is here on her on her own H1visa. I heard about follow to join. What should we do?

Answere ->
SPEAKER_Attorney_Murthy : Your spouse can file for I-485, or when you go to get the PP stamped file the I-824 or ask the INS officer to send the file to the foreign country consulate so that the spouse can enter riding on your GC approval. You got married prior

Regards,
NickI485
 
No Title

I got the i485/EAD/AP receipt for my wife.

Her i485 RD is April,19. ND for the receipts is July,03.

To give a history. I filed for my i485 in Oct,99. Married later, and applied for wife 485 in April,19,2001. My i485 was approved on May,31,01. Did not go for stamping yet. Will go now.

My wife\'s receipt has come after my approval, because of VSC mailroom backlog.

Hope, the rest of the process goes smoothly now.

Any idea, under the circumstances, how long should it take for the dependent adjudication ?
 
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