How to delay I-485 approval before marriage

delhi2Dallas
Is th FP related to EAD or I-485? If the FP is done, will you not be able to add a spouse to the application? My understanding is the you may add a spouse anytime before you get the approval for 485... is that not correct?


QUOTE=delhi2dallas;1704850]My backup plan:
I talked to a lawyer, he suggested postpone your fingerprinting appointment by as much as two months, and If they donot reschedule it by a month or so even upon request, then not show up on the appointment. The lawyer said, they might deny the I-485 in that case.

If that happens, I will file the I-485 again when I am married and dates are current.

The backup plan will depend on how much retrogression is happening until fingerprinting date and then decide whether to show up for the fingerprinting or not.

Any suggestions on this?[/QUOTE]
 
Adding spouse ANYTIME before the approval is debatable. Some members say, spouse I-485 can only be filed when your priority date goes current later (if she is not filing together with you and a retrogression happens).

My lawyer says my spouse will be able to add herself to my I-485 immediately after arriving on H4 in USA, irrespective of whether my date is current or not, as long as I have filed I-485.

I am concerned that I should be able to delay the approval in the first 6-8 months of filing I-485, hence my backup plan above.

Do any of the experts see any problem with the backup plan above, or any better suggestions?
 
delhi2dallas said:
My lawyer says my spouse will be able to add herself to my I-485 immediately after arriving on H4 in USA, irrespective of whether my date is current or not, as long as I have filed I-485.
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Are you sure? My lawyer suggested that dependant's AOS can be interfiled with principal applicant only when the Receipt notice was received and PD is current.
 
Here is my two cents.. all GCs have a visa # tied to them. Hence PD current means that there is a visa # available for you. But if it rerogesses, then the Visa # of you would be spouse will also retrogess...!! As you and your spouse is going to take 2 visas from the quota.. So if your 485 is filed and the dates retrogess, I don't think you will be able to file her 485. You would have to wait for the Pds to get current again..
This is just from my common sense, it may not be accurate....I am sure after all these years of the GC stress, you will get married to a nice Us citizen, and then you can tell her about your GC jorurney while taking a long drive on an Interstate... LOL... (always kidding)...

manwithnoname said:
Are you sure? My lawyer suggested that dependant's AOS can be interfiled with principal applicant only when the Receipt notice was received and PD is current.
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Murthy's advice

delhi2dallas said:
Adding spouse ANYTIME before the approval is debatable. Some members say, spouse I-485 can only be filed when your priority date goes current later (if she is not filing together with you and a retrogression happens).

My lawyer says my spouse will be able to add herself to my I-485 immediately after arriving on H4 in USA, irrespective of whether my date is current or not, as long as I have filed I-485.

I am concerned that I should be able to delay the approval in the first 6-8 months of filing I-485, hence my backup plan above.

Do any of the experts see any problem with the backup plan above, or any better suggestions?
Click to expand...

Hey delhidalas and others,
I am in the same boat and it looks like BCIS is sending Fp notices within a month of 485 app. date.
This is what I am planning
Apply in the last week of july --
Wait for Fp I am expecting october-ish--- second one around Jan
Get married around feb and add spouse around march
Delhidalas please send me a PM - I do have something that might help you.
Thanks
 
You could reschedule FP 4-5 times giving you as much as 5 months runway. My lawyer said she did it 5 times for a guy and everytime it was a month apart between each appointment. This is a nice cushion.
 
Arun- Why haven't you filed 485 yet?

arouncoumar said:
You could reschedule FP 4-5 times giving you as much as 5 months runway. My lawyer said she did it 5 times for a guy and everytime it was a month apart between each appointment. This is a nice cushion.
Click to expand...
Let me know if there is something I am missing from your signature
 
Dont quite understand about my signature q? Any case, I was eligible 6 mos ago but have been delaying it. Now, I am gonna proceed.
 
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