I-485 application for wife on my pending AOS; health insurance for H-4

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greeksocrates

Registered Users (C)
Hi Folks,

My wife just got her H-4 visa and will be arriving in US today. But since my I-485 is possibly close to get getting adjudicated (NSC; RD: 9/27/03; ND: 10/3/03), I want to file her I-485 as soon as she arrives. So here goes my list of questions:

(1) She currently has neither a birth certificate nor a non-availability certificate but her parents are currently in US (from India). Is it possible to get an Affidavit of Birth here in US? Whom does one go to to get that? (We are in the California Bay Area.)

(2) I'd like to mail out the appliction (by myself, without using an attorney -- any comments on this?) as soon as possible so as to avoid her H-4 status becoming invalidated if my I-485 were to be suddenly approved. If we were to send an incomplete application -- say, without the medical and the birth certificate (which we plan to send later) -- would INS accept the application and issue a receipt notice or would it return the packet (leading to further delay)? What all documents are needed anyway to file by oneself?

(3) An unrelated question: Since on H-4 she cannot get an SSN, how does one go about getting a health insurance policy (because most insurance companies, including my own obtained through my employer, seem to require an SSN)?

I'd greatly appreciate any input on the above.

Thanks!
greeksocrates
 
(1) She currently has neither a birth certificate nor a non-availability certificate but her parents are currently in US (from India). Is it possible to get an Affidavit of Birth here in US? Whom does one go to to get that? (We are in the California Bay Area.)

Yes, her parents can provide affidavits from anywhere in world. They just have to follow the local notary rule. Prepare affidavits and get them notorized (see local yellow pages for notary service).

(2) I'd like to mail out the appliction (by myself, without using an attorney -- any comments on this?) as soon as possible so as to avoid her H-4 status becoming invalidated if my I-485 were to be suddenly approved. If we were to send an incomplete application -- say, without the medical and the birth certificate (which we plan to send later) -- would INS accept the application and issue a receipt notice or would it return the packet (leading to further delay)? What all documents are needed anyway to file by oneself?

There is no problem of applying your own as long as you can do it fast. That's the bottomline.
I guess without medical USCIS can return her I-485 back. It's better to get it done ASAP. Look for the doctors in local area who can do it fast. Call them and ask how fast they can provide medical report. Some doctors allow walk-in same day (my wife did at LA). Incomplete medical is OK (like no vaccination or TB X-ray) - so don't bother to make medical report complete. Just get something done. Later you can do those when they will send RFE.

Same thing applies for DOB certificate. If affdavits takes too long (which I doubt in USA, because it can be done in one day), provide secondary proof - for example hospital record, school certificate. Later you can sort it out in RFE.


(3) An unrelated question: Since on H-4 she cannot get an SSN, how does one go about getting a health insurance policy (because most insurance companies, including my own obtained through my employer, seem to require an SSN)?

As you are the primary insurance holder thru your employer, her insurance goes with your SSN. Even for primary insurance holder, SSN is not a mandatory thing in most of the states (atleast not in CA).
 
greeksocrates said:
But since my I-485 is possibly close to get getting adjudicated (NSC; RD: 9/27/03; ND: 10/3/03), I want to file her I-485 as soon as she arrives.
Click to expand...

First off, relax. Since you were married before your GC is approved she will be eligible to file an I-485 any time and not fall into FB2. Make sure you do things right, not quick.

(3) An unrelated question: Since on H-4 she cannot get an SSN, how does one go about getting a health insurance policy
Click to expand...

My wife had no SSN for years and had health coverage. There's no legal requirement that she have one. Kick up a stink with the isurance company.
 
TheRealCanadian said:
First off, relax. Since you were married before your GC is approved she will be eligible to file an I-485 any time and not fall into FB2. Make sure you do things right, not quick.requirement that she have one.
Click to expand...

Real Canadian,
I think you have posted the same thing in another thread too. Could you provide me and other some immigration site where this issue is discussed? I myself got married in I-485 stage - just before approval. I discussed this issue with my attorney in good details. As per my understanding spouse cannot apply for I-485 after primary's GC approval - even if they get married before approval. In that case only option is FTJ. Now, it's possible my understanding is wrong. Could you provide any info to educate me?
 
FTJ is required becuase there is no legal status left for the spouse if spouse's I-485 is approved. The H4 is invalid, and to file I-485 u need to be in legal status in USA. so if it were possible to come on H1 or F1 or some other leagal status then the spouse can apply for I-485 in uSA.

Otherwise FTJ route has to be followed.

As for category, well if the marriage happened before the GC approval then the spouse will belong to employment category of the GC spouse not the FB2 category.

Yes seperation will have to be endured till the GC gets approved but it should be shorter than FB2 case.

The date of marriage makes a difference in how FTJ spouse is categorised.
 
Regarding the status thing. For employment based category as long as you are out of status for less than 180 days you can still file I485 under 245(K).
 
Thanks, guys, for the responses. A couple of quick follow-up questions:

(1) What is FB2? Never heard of it....

(2) Does anybody have any idea how long the NSC is taking nowadays to issue receipt notices?
 
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