I-485 filing...Wife just left to India...Help please

G

grapevineguy

Registered Users (C)
Hi,
My wife just left to India and today I saw the news that we can file our I-485. Can someone please let me know if I can apply first and then my wife can apply before Aug 17, 2007 using my receipt date. My attorney suggested that she can apply with my receipt date but it's always risk.
Also, can someone let me know how long does it take to get receipt after filing I-485?

Guru's....please let me know how to go about is this situation:confused: . My only hope is here.... I will be eagerly waiting for your replies.

Thanks in advance.
 
Best Suggestion

Best suggestion will be ask her to Come Back ASAP...
Its just matter of Air Ticket

The biggest problem that can occur is
Which I 94 number you will provide to USCIS

So if she comes back ,you have new I 94 and you will be fine.. and once you get receipt number, things will be fine..
 
grapevineguy dont take that chance to wait for receipt date.Remember the volume of applications that are being filed at this time no one knows how long it will take for them to issue receipt also medical has to be done are you sure all this will be completed before august 17.. I know it will cost money to have her travel back immediately. But look at the benifits she gets her EAD application file at the same time and in a few months she will be able to work with her EAD.make the sacrifice now it will pay off in the end.
 
Thanks much Yellowrocks!
Do you know how long it takes to get the receipt after we file I-485?
My attorney said I can file my I-485 and once I get the receipt, my wife can file her 485 with her new I-94 before Aug 17. Is this ok?

Thanks!
 
Thanks Tola!
All our documents are in place. Once she comes back just need to get the copies of new I-94 and then we can send it. She just left to India this Monday. I think she will have to come back :-(.
 
Hee Hee...USCIS few days back was struggling with H1B receipts....

God knows, when they will be able to issue receipt notices for I485 filings....I would say - just wait till your wife comes back before Aug 17th and file 485s together
 
One urgent question

In order to get covered under July visa bulletin, is it necessary for your wife to return on or before July 31, 2007? What happens if she returns on or after August 1, 2007? Will she still be covered under July visa bulletin?

Gurus, please help here.
 
Nobody knows for sure. But it is best to be here before July 31st, since they are only accepting cases that are eligible to file in July. You don't want to give them a reason to say that you weren't eligible in July (and being out of the country would make you ineligible to file).
 
I suppose you could argue that she was eligible in July unless she left back in Jun, if you need to do so. It will probably cost you more.
 
Guys....Correct me if I am wrong. The new bulletin states that the applications will be accepted till August 17, 2007 and that the current fees is applicable till August 17, 2007. So, does it matter if she comes in first week of August?

Gurus...please advise.
 
grapevineguy said:
Guys....Correct me if I am wrong. The new bulletin states that the applications will be accepted till August 17, 2007 and that the current fees is applicable till August 17, 2007. So, does it matter if she comes in first week of August?

Gurus...please advise.
Click to expand...

The USCIS notice in July 17, 2007 indicate that "anyone who was eligible to apply under Visa Bulletin No. 107" will have a month's time. One of the eligibility criteria for the Visa bulletin #107 (original July 2007 VB) is physical presence in the U.S. during July 2007 (at least at the time of application). Although it is not very explicit, better play safe. Also if someone leave U.S. for a vacation during July 2007, and returns in, say first week of August 2007, will the candidate is eligilble to apply under July 2007 VB?
 
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