How long does A-File request take?

D

dvs6364

Registered Users (C)
Hi,

We had requested to link pending 485 to approved 485 of spouse.
Now we got a letter saying "A-file has been requested" for further processing.
How long does it typically take? This is in Nebraska.

thanks very much
 
dvs6364 said:
Hi,

We had requested to link pending 485 to approved 485 of spouse.
Now we got a letter saying "A-file has been requested" for further processing.
How long does it typically take? This is in Nebraska.

thanks very much
Click to expand...
what do you mean by "link pending 485 to approved 485 of spouse"
If you are derivative I-485 pending then your I-485 file may have your spouse I-485 Information like his/her Name DOB and if your I-485 was filed later then your spouse I-485 filing receipt copy may have been attached with your I-485.
"A-file has been requested" means your file is located and it will be transfered to the office that has requested. it may take 20-25 days to reach the office that requested.
** you did not post your case details.
 
In our case each of us had separate employment based 485 pending. One in Eb2 got approved and so we want to link the other which is in EB3. Both are in Nebraska. Does that mean the request is within the same office? Or the A-File is located elsewhere?

Thanks very much.
 
dvs6364 said:
In our case each of us had separate employment based 485 pending.
One in Eb2 got approved and so we want to link the other which is in EB3.
-------If EB2 I-485 got approved did you or your spouse did not file Derivative I-485? or other had his/her primary EB3 I-485 filed and did not file Derivative I-485?
Both are in Nebraska. Does that mean the request is within the same office? Or the A-File is located elsewhere?

Thanks very much.
Click to expand...
You filed I-485 based on EB2 and got approved and spouse did not file derivative I-485.
OR
you filed Eb2 I-485 and spouse also filed his/her Derivative I-485 when you filed your I-485 OR Spouse Has not filed his/her Derivative I-485?
Did your spouse filed I-485 as Primary EB3 not filed Derivative I-485 when EB2 I-485 was filed.

Please be clear so that we understand your situation.
A filed EB 2 I-485 as primary
B filed EB3 I-485 as primary
Did any of you filed Derivative I-485 ?
 
No derivative was filed. Both of us were working and our respective companies had started gc process separately. Both were supposed to be EB2 but much later we came to know one is actually EB3 and not EB2 as expected.
 
You can't take a primary I-485 and interfile/transform it into a derivative I-485. A fresh new derivative I-485 must be filed.

If the PD of the approved I-485 is current, go ahead and file a new derivative I-485.
 
dvs6364 said:
It is possible to "link". They don't like multiple 485s.
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who said they don't like more than one I-485? One CAN file more than one I-485 nothing in law prevents one filing second I-485.
if no derivative I-485 filed with the I-485 that got approved in EB2 How the USCIS is going to approve the other I-485 filed by Other person that is EB3 primary? EB3 Primary has to wait for his/her PD to be current.
Dont think of Linking or Interfiling at this point as the Primary EB I-485 is approved. Interfiling or Link the Pending I-485 with other I-485 is only possible if one has Pending I-485.
 
ginnu said:
who said they don't like more than one I-485? One CAN file more than one I-485 nothing in law prevents one filing second I-485.
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No, but it costs $1000 to do it. If $1000 is a trivial amount of money you can PayPal it to me.

How the USCIS is going to approve the other I-485 filed by Other person that is EB3 primary? EB3 Primary has to wait for his/her PD to be current.
Click to expand...

EB3 Primary can request an amendment of the I-485.

Interfiling or Link the Pending I-485 with other I-485 is only possible if one has Pending I-485.
Click to expand...

And the EB3 primary has exactly that, a pending I-485. They can request that its basis be changed.
 
TheRealCanadian said:
What memorandum is there that prevents an I-485 amendment?
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Couldn't directly find the actual USCIS memo at this time, but see this:

http://www.murthy.com/news/n_staiss.html
In a July 2, 2007 teleconference, the USCIS Service Center Operations (SCOPS) provided answers to questions regarding the new filing fee schedule and adjustment-of-status (AOS) filing questions posed by the American Immigration Lawyers Association (AILA). This is helpful, as it clarifies important issues, like what the new I-485 filing fees cover, restrictions on interfiling I-140 petitions between spouses in pending I-485 cases, and why filing more than one I-485 (for the same person) should be avoided, as we at the Murthy Law Firm have always recommended.
...

Interfiling Issues : Cannot Switch I-140 Petition from Primary to Dependent

Interfiling is a procedure that allows an applicant to change the I-140 petition upon which the I-485 is based. Essentially, the I-485 is filed based on an I-140 petition, but the applicant wants to proceed through a new or different I-140 petition. Interfiling permits the individual to "switch" the I-140 upon which the I-485 is based.

In a scenario where both husband and wife have independent I-140 petitions filed by their respective employers, and where there is a set of I-485s (one for the primary spouse and one for the derivative spouse) filed with regard to one of the I-140s, there is no option of interfiling based upon an I-140 approval for the derivative spouse. This is because the roles of derivative spouse and primary applicant would have to be reversed in this situation. There is no mechanism when interfiling to shift applications from derivative to primary and from primary to derivative, therefore making them improperly filed with the other I-140 petition. Of course, if the same person has an EB3 and now an EB2 I-140 petition, the USCIS will allow the EB2 I-140 approval to replace the previously-filed EB3 I-140 petition approval.
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In our case we had two separate cases - approved I-140s and pending I-485s.
We had heard of success stories about linking the two after approval of one.
We contacted the USCIS and they said it can be linked and took all the details.
Waiting for 30-60 days..
 
dvs6364 said:
In our case we had two separate cases - approved I-140s and pending I-485s.
Click to expand...
USCIS is inconsistent. They could tell you it's OK right now, but when it goes through actual processing and review it's denied. And that denial could happen a year or two later.

I would watch the visa bulletin closely and be prepared to file the new derivative I-485 if they don't approve the linked case in the next couple of months.

We had heard of success stories about linking the two after approval of one.
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Are you sure those involved a primary I-485 being turned into a derivative one?
 
The success stories were exactly like our case though I am not sure if they used the term derivative.
Yes, I will watch the bulletin and be prepared to file just in case.
 
Hi,

Does this mean it is approved? What is ADIT processing?
"On April 25, 2011, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later."

Thanks
 
dvs6364 said:
Hi,

Does this mean it is approved? What is ADIT processing?
"On April 25, 2011, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later."

Thanks
Click to expand...
Approved. wait for the welcome notice and Card in mail
 
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