Help! my spouse did not file-to-join, now my GC approved

[binder]

I know I am stupid, but can anyone help what we can do now?

We married in the US before I filed I-140 and I-485. For some reason, my husband did not join me to file his I-485. Both of us were H-1B at the time. Now I have got my case approved...My husband is still holding his H1B. I just wonder if there is anyway for him to file I485 based on the fact that our marriage was way before my GC application? Or anyway for him to get EAD so there is less stress in keeping his job?

Please help! Thanks!

 

[pralay]

Yes, as he has H1 visa and you were married before I-485 approval, he can file his I-485 as your dependent. Once he files for his I-485, he will be eligible for getting EAD. He can file his EAD application (I765) alongwith his I-485 application packet.

 

[binder]

Yes, as he has H1 visa and you were married before I-485 approval, he can file his I-485 as your dependent. Once he files for his I-485, he will be eligible for getting EAD. He can file his EAD application (I765) alongwith his I-485 application packet.

Hi Pralay -

Thanks for your positive reply! I am so excited to learn this.
I also checked USCIS website, but still get confused. Should I just file my husband's I-485 with my approved I-485 notice? It seems that my husband need to get a visa number before filing 485. Do he really have one because of H1B? Thanks again!

 

[pralay]

Hi Pralay -

Thanks for your positive reply! I am so excited to learn this.
I also checked USCIS website, but still get confused. Should I just file my husband's I-485 with my approved I-485 notice? It seems that my husband need to get a visa number before filing 485. Do he really have one because of H1B? Thanks again!

Actually he can file his I-485 with either your I-485 receipt notice or approval notice. He cannot file his I-485 until his visa number becomes current. As he is filing as your dependent, your priority date is will be his priority date. As you are approved already I assume your PD is already current.

 

[binder]

Actually he can file his I-485 with either your I-485 receipt notice or approval notice. He cannot file his I-485 until his visa number becomes current. As he is filing as your dependent, your priority date is will be his priority date. As you are approved already I assume your PD is already current.

How can I know his visa number is current? Do I need get any proof for this or my i485 approval notice proves it automaticlly? I think he has an assigned visa number (A #) from his H1B, should I use this number for his 485?

Many thanks!

 

[TheRealCanadian]

How can I know his visa number is current?

If your case is approved, then your priority date (and therefore his) is current, and there is an available visa number. Just to confirm, his (and your) date is current if you (or he) were not born in India, China and the Phillipines, or your priority date is after April 1st, 2002, or you filed in anything other than EB3.

Do I need get any proof for this or my i485 approval notice proves it automaticlly?

You don't need proof; just submit copies of your I-140/485 approval notices.

I think he has an assigned visa number (A #) from his H1B, should I use this number for his 485?

This is NOT an immigrant visa number; this is only assigned when the I-485 itself is approved. And I highly doubt he has an A#.

 

[ttliang]

To Binder

Hi, Binder, I am going through the same thing like yours..Dun know if you still come back to this site surfing.

We made the wrong decision not putting my husband's together on my I485. Then all of sudden, I got approved. Right now the lawyer is doing his AOS but I wonder how long it's going to take especially this July 2rd thing happened. His AOS was submitted on May 22, 07. Fingerprint done on June 22.

How long it takes to get your husband the GC?

 

[ipuser]

my I485 is approved, wife is yet to file for joining I485

Background:
When my I485 was filed along with I140 (concurrent processing), we were not married. Later on when we got married, the dates got back dated.
Now last week the dates were current and we got the paper work ready. And I got a notice that my card will be sent in next 30 days.

1> Can we still apply for my spouse so that my spouse can be filed to join my I485?

2> Will there be any rejections just cause of the fact that my case is approved?

3> Will the INS be kind enough to understand that the case is approved but there is one more dependant and this dependant is filed to join the I485 application?
In our application we are sending I140 approval notice and I864 (support from main applicant).

4> Will there be any issues of any kind and in what way we can defend the case in case there are any issues?

5> Are there any backup plans?

6> Do we have to go for consulat processing? or there is no need?

thanks,

 

[TheRealCanadian]

Can we still apply for my spouse so that my spouse can be filed to join my I485?

Yes.

Will there be any rejections just cause of the fact that my case is approved?

No.

Will the INS be kind enough to understand that the case is approved but there is one more dependant and this dependant is filed to join the I485 application?

There's no kindness involved. They must accept it.

Will there be any issues of any kind and in what way we can defend the case in case there are any issues?

You can defend the case because it's a legal filing.

Are there any backup plans?

Depends on the problem.

Do we have to go for consulat processing? or there is no need?

If your PD is current and your spouse is in valid status (or out of status for less than 180 days), there is no need for CP.

 

[ttliang]

Hi, I got my husband' I485 receipt notice...but it doesn't show my PD on it. It leaves blank on PD. Shall I worry???