Help - Remarriage during Pending I-485

M

MJ23

Registered Users (C)
Folks,

here is my scenario - Please give me your input on this

Me and my ex-wife filed for I-140/I-485 in Oct 2003 (i'm the principal applicant through my employer and she filed as dependent)

We got divorced in June 2004.

We got an RFE on her I-485 application asking to verify marriage status etc - around the same time( purely coincidental - as a lot of my colleagues with solid marriages got the same RFE as well)

Since she works on a H1B herself, she decided to withdraw her dependent I-485 petition as a response to the RFE. She sent back a request for withdrawal letter to INS and they received her letter by January 2005. As of today, her case status shows as "We received your response to our request for information on Jan xx, 2005. It is taking etc etc days ".

My I-140 got approved lately, but my I-485 is still pending.

I'm thinking of remarrying in the next 3 months and bring my spouse to the US on H-4 visa(assuming i do not get GC before that). My question to you all is - once my spouse is here on H-4 visa, can i immediatly add her as a dependent to my pending I-485 application? - or do i need to wait for my ex-wife's application to be adjudicated?

in other words, is it enough that my ex-wife has filed for withdrawal - therefore i can add my spouse as a dependent to my GC ?

Please clarify with your opinions. I would really appreciate your input.

THANKS
 
You should talk to your lawyer on this one.

my 2 cents:
It appears possible. get the divorce papers handy; you will need to submit with the 485 of your "new bride". but, again, I would let a lawyer handle this case.
 
Yes you can bring ur spouse provided your 485 is not approved and your H1 is still valid. I know someone who went through same situation and did this successfully.
 
MJ23 said:
Folks,

here is my scenario - Please give me your input on this

Me and my ex-wife filed for I-140/I-485 in Oct 2003 (i'm the principal applicant through my employer and she filed as dependent)

We got divorced in June 2004.

We got an RFE on her I-485 application asking to verify marriage status etc - around the same time( purely coincidental - as a lot of my colleagues with solid marriages got the same RFE as well)

Since she works on a H1B herself, she decided to withdraw her dependent I-485 petition as a response to the RFE. She sent back a request for withdrawal letter to INS and they received her letter by January 2005. As of today, her case status shows as "We received your response to our request for information on Jan xx, 2005. It is taking etc etc days ".

My I-140 got approved lately, but my I-485 is still pending.

I'm thinking of remarrying in the next 3 months and bring my spouse to the US on H-4 visa(assuming i do not get GC before that). My question to you all is - once my spouse is here on H-4 visa, can i immediatly add her as a dependent to my pending I-485 application? - or do i need to wait for my ex-wife's application to be adjudicated?

in other words, is it enough that my ex-wife has filed for withdrawal - therefore i can add my spouse as a dependent to my GC ?

Please clarify with your opinions. I would really appreciate your input.

THANKS
Click to expand...

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Whatever you do - please do not forget to to reply to the RFE within the date given by CIS. Repplies after thi date would not be considered.
 
I-485 Dependent Filing - any effect due to Retrogression?

Folks,
Can you please clarify this?

My PD is September 2002, i fall under EB3 - if i remarry, shall my wife be affected by retrogression or Can she file her I-485 right away as a dependent after entering the US?
 
MJ23 said:
Folks,
Can you please clarify this?

My PD is September 2002, i fall under EB3 - if i remarry, shall my wife be affected by retrogression or Can she file her I-485 right away as a dependent after entering the US?
Click to expand...

PD retrogression will affect her I485 filing. She won't able to apply for her I485 until your PD is current. If a situation araise when your I-485 get approved, but she did not file I485 yet, she will be out of status (as her H4 becomes invalid). However, out of status less than 180 is covered by 245(k). But if she cannot apply within 180 days, she has to leave USA and choose for CP.
 
pralay said:
She won't able to apply for her I485 until your PD is current. If a situation araise when your I-485 get approved, but she did not file I485 yet, she will be out of status (as her H4 becomes invalid).
Click to expand...

If the primary I-485 is approved, then by law the PD must be current. Therefore, the dependent could file right away.
 
TheRealCanadian said:
If the primary I-485 is approved, then by law the PD must be current. Therefore, the dependent could file right away.
Click to expand...

There could be gap for days (if not months) for various reasons.
 
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