I-485 Dependent application - affected by EB3 retrogression or not?

M

MJ23

Registered Users (C)
Folks,
Can you please clarify this?

My PD is September 2002, i fall under EB3 - if i marry and bring my wife to US on H-4, shall my wife be affected by retrogression or Can she file her I-485 right away as my dependent after entering the US?

Thanks in advance
 
MJ23 said:
My PD is September 2002, i fall under EB3 - if i marry and bring my wife to US on H-4, shall my wife be affected by retrogression or Can she file her I-485 right away as my dependent after entering the US?
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Your dependents will share the same priority date as you. Therefore, if you are affected by retrogression, your dependents will be too.
 
?

realcanadian,

so if my wife gets affected by retrogression - can you till me which of the following options is likely to happen as per your opinion.

a) she can file for her I-485(as dependent) immediatly on entry to US and then wait for adjudication in the retrogressed queue along with my case.

OR

b) She is not allowed to file for her I-485 - at all - till priority date becomes current
 
MJ23 said:
She is not allowed to file for her I-485 - at all - till priority date becomes current
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Just like any other application, an I-485 must be approvable when filed. Since it would not be approval if the PD is not current, it cannot be filed.
 
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