help: interfiling between spouses

W

wbd

Registered Users (C)
hello,

My wife has filed her second I-485 on schedule A. Her first I-485 was denied since no Visa Screen Certificate was provided upon RFE.

My I-140 has been approved and it is time to file my own I-485. My wife hates the Test of Spoken English so bad that she wanted to file her I-485 as a dependent.

I have read a lot about interfiling of I-485 from labor to NIW or vice versa for the same person. Could my wife interfile her I-485 to that of mine without canceling her pending I-485? What is the risk of interfiling in this case?

Thanks for input and insight.

Sincerely,
 
wbd said:
hello,

My wife has filed her second I-485 on schedule A. Her first I-485 was denied since no Visa Screen Certificate was provided upon RFE.

My I-140 has been approved and it is time to file my own I-485. My wife hates the Test of Spoken English so bad that she wanted to file her I-485 as a dependent.

I have read a lot about interfiling of I-485 from labor to NIW or vice versa for the same person. Could my wife interfile her I-485 to that of mine without canceling her pending I-485? What is the risk of interfiling in this case?

Thanks for input and insight.

Sincerely,
Click to expand...

When did first I-485 got rejected? IF she used EAD then there are different consequences. If ever thing is right then you can request for interfiling. Put the A# while filing the I-485. If you are using attorney they will take care of these things.
 
thanks

Hello,

The denied letter was received in January of 2006. The second 485 was filed in February of 2006. She used EAD twice from the first 485.

Would you please clarify different consequences? It consequences are worse, we should just spend more money re-filing my wife as a dependent with me.

Thank you.
 
wbd said:
Hello,

The denied letter was received in January of 2006. The second 485 was filed in February of 2006. She used EAD twice from the first 485.

Would you please clarify different consequences? It consequences are worse, we should just spend more money re-filing my wife as a dependent with me.

Thank you.
Click to expand...


There four or five cases like this. Filed I-485 without visa screen and they were denied for not having visa screen. After Couple of months gap they again applied the I-485 with visa screen clearance.
Second I-485 were denied on the bases that they were not in the status while applying the second I-485 since they applied them after denial of the first I-485. This was there on WWW.Susterman.com

I am not able to find the link for the denial letter.


What was status of your wife when she applied I-485?
 
This is a good question.

Before her first I-485, she was on H4. The lawyer may screw up something regarding the time of denial. There was no date on the denial letter (a copy from the lawyer) but it was dated November 1, 2005 on the denial letter for my child (derivative 485). The lawyer said that the denial letter was received in January of 2006. Besides, the USCIS website still showed pending for the first I-485, even now.

I hope things would turn out fine.

Thanks.
 
wbd said:
This is a good question.

Before her first I-485, she was on H4. The lawyer may screw up something regarding the time of denial. There was no date on the denial letter (a copy from the lawyer) but it was dated November 1, 2005 on the denial letter for my child (derivative 485). The lawyer said that the denial letter was received in January of 2006. Besides, the USCIS website still showed pending for the first I-485, even now.

I hope things would turn out fine.

Thanks.
Click to expand...

She was out status when the second I-485 was filed. On first sight it looks like she is covered by 245(K). But There are decesions which says you cannot apply I-485 while out of status.

Give the all the details of the case incluing dates. It might be serious. Request RealCanadian or Tammy, Or UN to take a look.
 
no H4

Could someone advice.

I would like to file I-485 for my wife and my child as dependents on me. However, my lawyer told me that they could not file I-485 as dependents since they did not renew H4 since August of 2004. My wife and my child are now I-485 pending (my wife's own I-485 and my child as her derivative).

My wife and child are 'out-of-non-immigrant status' but are in legal staus (485 pending). My lawyer said that a person needs to be on non-immigrant status before filing for I-485. Is this true?

My lawyer even wanted my wife and child to go back to my home country and come back on H4 to file their derivative I-485.

What can we do now? Can they change back to H4 while in US since I am still on H1B?


Thanks.
 
You must log in or register to reply here.
Top