I 485 approved! A question though

[grv]

Hi co-forum dwellers,

I485 WAC03125

Got my 485 approval today(online). Till y'day it showed a ' may take 660 days' message. Thanks to all you people - have had many a queries answered here during the process.

I have one question/worry though.

I got married last month, and my wife is in US on H4. We answered the RFE last week (9th) and added my wife's follow-to-join in the same package. We havent got my wife's WAC yet (guess snail mail takes a week). I got my approval message today.

My question is, whats my wife's status? Can she legally reside in the US, now that my case is approved (guess that means H1 is no longer valid). What if INS registered her application before my approval came thru? What if they did it after my case was approved. Pardon my anxiety, but the above cases just hit me.

thanks again for all your help,
Gaurav

 

[pralay]

I got married last month, and my wife is in US on H4. We answered the RFE last week (9th) and added my wife's follow-to-join in the same package. We havent got my wife's WAC yet (guess snail mail takes a week). I got my approval message today.

My question is, whats my wife's status? Can she legally reside in the US, now that my case is approved (guess that means H1 is no longer valid). What if INS registered her application before my approval came thru? What if they did it after my case was approved. Pardon my anxiety, but the above cases just hit me.

I am little bit confused with your "follow-to-join" word. Did you apply for her I-485? If so, new I-485 application takes time to get an WAC entry into system - sometime more than a week. I wish you waited for her I-485 receipt and then reply your own RFE. As you have seen in your case, people are getting approved within 3-4 working days after replying RFE. I am sure they received the application (as you sent RFE in same package), so I don't think it's an issue.
But the problem is that, as she does not have a confirmation of her I-485 application, her H4 status is in question. She cannot claim her I-485 status. Her H4 status is gone with your approval. Talk to a lawyer.

 

[Canarian]

Congrats on your approval.

Which center did you file your application? Also, do you mind telling us how long before or after the processing dates posted on the USCIS web site you were asked for your RFE?

 

[TheRealCanadian]

But the problem is that, as she does not have a confirmation of her I-485 application, her H4 status is in question. She cannot claim her I-485 status. Her H4 status is gone with your approval. Talk to a lawyer.

Provided her I-485 was filed before your I-485 approval (which appears to be the case), she is legally in status. Her only problem is documenting this until the I-485 receipt arrives. Shouldn't be an issue; hang tight until the I-485 receipt comes back.