I-140 approved, can I add my wife's 485 now?

J

jxy1and1

New Member
My dear friends,

I filed my 140/485 together at the beginning of this year and my wife's company filed labor certificate application for her last year. She was too busy at that time and asked me not to include her in my application.

Her lab certificate goes nowhere because of PERM replaced LC and now my I-140 got approved. Can I add her 485 petition to my case now? Will USCIS accept it? If she gets a receipt of 485, does that mean it is accepted?

Many thanks,

JXY
 
You should have included her with your original I-140/I-485 packet. You could try and file quickly her I-485 with supp docs but since you did a concurrent filing, there is a great chance that it has been approved and approval in the mail or it will be approved by the time they receive your wife adjustment packet. You need to RUN!!
 
Everybody says we made a mistake and we agree. However, I am a little surprised by JETECTOR's reply that my 485 can be approved soon. Most of my friends told me that my 485 won't be processed in the near future because of the cutoff date, even though my application was submitted early 2005.

Anyway, I will add my wife's 485 ASAP. Thank you, Jetector. Your reply is very optimistic, encouraging and useful!
 
Yes, you are welcome. From my experience, and since you did a concurrent filing, the Service has been approving these pretty quickly. Almost simultaneously. At this point, they will either approve it or send it out to the local district office to schedule a personal interview. I think it's worth the try. File it ASAP! Good luck!
 
Even if the primary I-485 gets approved, there is nothing preventing the wife from filing her I-485 at any point so long as she has maintained valid non-immigrant status.
 
TheRealCanadian said:
Even if the primary I-485 gets approved, there is nothing preventing the wife from filing her I-485 at any point so long as she has maintained valid non-immigrant status.
Click to expand...

That's right, form I-824. As long as you were maried at the time of filing your I-485. But I would still file wife's I-485 right now with copies of your I-140 and I-485.
Just my 2 cents...
 
Last edited by a moderator:
jxy1and1 said:
My dear friends,

I filed my 140/485 together at the beginning of this year and my wife's company filed labor certificate application for her last year. She was too busy at that time and asked me not to include her in my application.

Her lab certificate goes nowhere because of PERM replaced LC and now my I-140 got approved. Can I add her 485 petition to my case now? Will USCIS accept it? If she gets a receipt of 485, does that mean it is accepted?

Many thanks,

JXY
Click to expand...

You can only add her if your PD is current.
 
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