I-485 Approval for Derivative

U

usworker

Registered Users (C)
Hi everyone,

My spouse filed our I-485 in 2004 under EB2 category. I applied as a derivative. My security check is cleared but my spouse's is stuck in name check. We were told by the local office that my I-485 cannot be approved until my husband's name check is cleared. I wanted to check to see if what the officer told us was true. Any input would be welcome.

Thanks,
 
usworker said:
My spouse filed our I-485 in 2004 under EB2 category. I applied as a derivative. ... We were told by the local office that my I-485 cannot be approved until my husband's name check is cleared. I wanted to check to see if what the officer told us was true.
Click to expand...

Absolutely. Your Green Card is based on your spouse becoming a Permanent Resident, and cannot be approved until this happens.
 
My wife got the Card..Mine is still pending

Here is my case, I am the primary, In April they ask my second FP, After i gave my FP, they ask for my wife's FP. We finished that. A month after that, i received an email saying that her GC was approved. She got her card in a week after that. I opened a Service request for my self. They updated the FP status in the web site. Nothing after that..

Advise please....
 
There seem to be these cases where the derivative GC gets approved before the primary. If this is true then in what case is this done. No sure.
 
NaagaMalli said:
Here is my case, I am the primary, In April they ask my second FP, After i gave my FP, they ask for my wife's FP. We finished that. A month after that, i received an email saying that her GC was approved. She got her card in a week after that. I opened a Service request for my self. They updated the FP status in the web site. Nothing after that..

Advise please....
Click to expand...

my advice is to call the USCIS and found out what's going on. they should open a service request for you.
 
I opened Service Request

I opened Service Request, They updated my 2nd FP status..that's it. I called yesterday, Officer asked me call back after 45 days..

Don't know, what to do..
 
I agree - USCIS sucks!!

I 'really' do not know how credible are posts by 'TheRealCanadian' as he seems to be always pessimistic.

The bottom line is: USCIS SUCKS!! BIG TIME!

belacut said:
It didn't require any experts to answer this. It just shows USCIS sucks....
Click to expand...
 
NaagaMalli said:
I opened Service Request, They updated my 2nd FP status..that's it. I called yesterday, Officer asked me call back after 45 days..

Don't know, what to do..
Click to expand...

It happened to a friend of mine... His wife the derivative got the gc and he was stuck in name check... He pointed that out at infopass.. His wifes GC was revoked!:eek: He eventually cleared NC and they both got GC but that took almost 18 months!:mad:
 
Certainly not true my friend. I personally know two such cases where the derivative has got the GC approved while the primary is waiting on his/her for months, thanks to NC.

Although logically what you say might sound correct, that is not the reality ! Just an FYI for you.

TheRealCanadian said:
Absolutely. Your Green Card is based on your spouse becoming a Permanent Resident, and cannot be approved until this happens.
Click to expand...
 
InTheMoment said:
Certainly not true my friend. I personally know two such cases where the derivative has got the GC approved while the primary is waiting on his/her for months, thanks to NC.

Although logically what you say might sound correct, that is not the reality ! Just an FYI for you.
Click to expand...

that makes no sense. what if the primary is now denied the AOS? Will USCIS come back and revoke the GC of the dependent?

RealCanadian is right: derivative getting approved first has happened a few times, but its a pretty rare occurrence.

See this in Murthys chatlog:

http://www.murthy.com/chatlogs/ch010305_P.html
Chat User : Is it possible that a derivative I-485 will be approved before the primary applicant? If so, can the derivative go for passport stamping alone?

Attorney Murthy : Generally, that should not happen since that appears to be a mistake. I have heard of it happening once or twice, but it would seem to be an error on the part of the USCIS. In that case, it would seem that the derivative should get the PP stamped since it is pointless for both spouses to suffer without the GC if at least one spouse can get that benefit. It is not clear if the USCIS could cancel the previously-issued GC since it was approved in error before the principal obtained the GC.
 
gc_chahiye123 said:
that makes no sense. what if the primary is now denied the AOS? Will USCIS come back and revoke the GC of the dependent?
Click to expand...

At some point, I would expect USCIS to issue a Notice of Intent to Rescind, since the derivative was approved in error. It might not happen right away, but it wouldn't surprise me if during the naturalization process it came to light.
 
What are my options

Please suggest me, do you want me to talk to USCIS regarding this. If USCIS come back and say that we issued this card in error and withdraw it later. My wife won't be having valid AP and EAD.

Please advise
 
You must log in or register to reply here.
Top