I-485 approved, concerned about wife\'s

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Neeraj Shaw

Registered Users (C)
Hi,

My I-485 just got approved on April 2nd 2001.

PD: December 1997
I-485 filed : Feb. 2000
Category : EB-3
Center: California.

But I am concerned about my wife\'s I-485.
I got married a few months after filling my I-485 and since my PD was not current then, my wife ended up filling her I-485 on
April 3rd 2001.

I am concerned about the implications of my I-485 having been approved before my wife\'s I-485 being filled.
Does any one of you know what the impact might be.

Also should I go ahead and get the GC. How will that affect my wife\'s I-485.

What an anti-climax. I wait for years to get my GC and now I wish it had taken a little longer :-(

-Raj
 
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Sorry..I meant Notice Date.

This is the date that INS acknowledges that they received your 485 application.
 
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Raj,

Check with your lawyer. Your application is approved on 2nd and your wife filed the next day. It\'s a complicated issue. Your PD became current on april 1st right? Did CSC approve your case very next day after the date became current? When was your case assigned to an IIO?
Did you contact the IIO about your application? Generally it takes atleast a week after 1st of next month to get the approval after the PD becomes current.
 
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my suggestion is to file an I-130 before 30th April. That way your wife is protected under setction 245(i) for possilbe future status problems. You certainly should go ahead to get the passport stamped since technically you are a PR already and not do passport stamping won\'t change it.
 
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Hi,

Thanks for your comments.
Yes...my PD became current on April Ist and to my surprise the date of Approval on the Approval Notice was April 2nd.
I never contacted any body....I too am very surprised at my approval.

Thanks again for your comments.

-Raj
 
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Hi Tin,

I talked to my lawyer and he said that I just need to wait for I-485 receipt of my wife.
I am begenning to doubt my lawyers advise now.

Why is it important to file I-130 before the 30th of April.
And what is section 245(i).

Thanks for your help/advise.
Forever grateful...

-Raj
 
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Raj,

Your wife cannot stay on h4 once you got the 485 approval. Either she has to change to h1 status or apply for her green card from the home country consulate. I think I-130 is for applying GC from the consulate if the spouse is already a GC card holder. Or you can withdraw the GC and move to h1 and both of you can refile the 485 application again. Had you got the 485 approval after receiving the 485 receipt for your wife, you would have been very safe. There may be some loophole or way to handle your situation with all these LIFE act and other rules.

These are just different options. Consult with a good lawyer and act ASAP.
 
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Hi,

Thanks a lot for your comments.

I raised these issues with my lawyer.

My lawyer claims that I should do nothing until we get her I-485 receipt and that she following is a category called
"following to join".

He has not given me any more info and I couldn\'t dig out anything else either.

Thanks for all the good info you gave me.

-Raj
 
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Firt the disclaimer, this is not legal advice and only intends to prepare you with information available on the Internet and also help you prepare further talks with your own lawyer.

You didn\'t provide much information. But like the other thread mentioned. If your wife is on H-4, she might be in status trouble now.

Your lawyer might think that INS will overlook the 1 day later filing date which is not entirely you or your lawyer\'s fault. That might be very well true but you should hope for the best and prepare for the worst.

One requirements of Adjustment of Status is the applicant must never have been out of status. 245(i) is the law that could make an exception of this.

I-130 is family based immigration petition just like the concept of I-140. Your wife could file for I-130 and then wait for the priority date to be current and then file an I-485 base on the I-130. The wait on this is approximately 5 years. During which (or even right now) your wife might lose her status even if she is on H-1 or F-1 now. But if an I-130 is file on her behalf before 30th of April, 245(i) will apply to her and she won\'t have any trouble in the future even when she goes out of status.

I would ask the lawyer to at least prepare the documents for I-130 for your wife. Or you could decide whether to do it by yourself. I believe filing for I-130 will not affect your wife\'s current I-485 filing. Check with your lawyer before you take any action.
 
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I have heard that INS ignores the exact approval date if it is in the same month. This is a dinner party rumor.

Once you are on 485 your H1 is cancelled therefore your wife\'s H4 is cancelled.

But the new Visitor visa takes care of this problem. You should apply for a V visa for your wife, this visa is a non-immigrant visa, this means that while on this visa your wife has to wait for a real green card. This could take upto 5 years so it may not be such a good idea, at least you will not be separated from her. This is a new visa category meant to take care of green card holders who have to wait 5 years or longer to reunite with their spouses or minor children.

But V visa is non-immigrant and will not allow the dependent spouse to work ! It is sort of like H4 for green card holders...

Good luck !
 
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neeraj
what are u r research findings on follow to join , especially to adjust in the usa
the other way is consulate processing for the spouse in the country of citizenship
 
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Raj:
Please let me know what happend your wife\'s I485 receipt .. did you receive yet or not ..
I am almost in the same boat where you are .. I have got approval yesterday ..
planning to file 485 this week because Priority date became just current (from May\'01) ..
but .. everything happening so fast now ..
But .. still I am not going to wait for anything else other than filing I485 for my wife
immediately before I go for passport stamping ..
Please update your status ..
Thank You in advance ..
Ramkison
 
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