I-485 for Spouse after the primary's I-485 approved

R

ra_bala

Registered Users (C)
Hi,

I have applied my I-485 but we have not filed my spouse's since we are awaiting a FOIA request for his I-94 issued in the past.

My I-485 may be approved any time soon since the Visa dates are opened for me. My lawyer says, once I get my approval, we can file my spouse's I-485 under the Visa Waiver.

Anybody heard of this situation in the past? Are there any complications/issues doing this way. I read in some forums and they give a different image of the Visa Waiver program.

Any details are appreciated.

Thanks,
ra_bala
 
ra_bala said:
Hi,

I have applied my I-485 but we have not filed my spouse's since we are awaiting a FOIA request for his I-94 issued in the past.

My I-485 may be approved any time soon since the Visa dates are opened for me. My lawyer says, once I get my approval, we can file my spouse's I-485 under the Visa Waiver.

Anybody heard of this situation in the past? Are there any complications/issues doing this way. I read in some forums and they give a different image of the Visa Waiver program.

Any details are appreciated.

Thanks,
ra_bala
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If she is here why do you want use VWP. Visa Waiver program is for meant for citizen of some country to enter US without Visa.
She can apply for as long as marriage took place before the approval of I-485 and your priority dates are current.
What is current status of your wife?
 
She is in H4 and currently in US. The visa dates are open for her starting November. But the attorneys point is that the FOIA request wouldn't be always successfull. So they want to wait until my 485 gets approved and file my wife's based on my approval using visa waiver.
I am also confused by the attroneys stmt.
 
ra_bala said:
She is in H4 and currently in US. The visa dates are open for her starting November. But the attorneys point is that the FOIA request wouldn't be always successfull. So they want to wait until my 485 gets approved and file my wife's based on my approval using visa waiver.
I am also confused by the attroneys stmt.
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just my opinion: immediately after your I-485 will be approved, you will loose your H-1 and your wife will loose her H-4. She can apply for I-485 only while being in legal status, when loosing H-4 she will become out of status and not able to apply.
 
compass said:
She can apply for I-485 only while being in legal status, when loosing H-4 she will become out of status and not able to apply.
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Not true if it's an EB case. She can apply for 180 days after she loses H-4 status, thanks to 245k.
 
ra_bala said:
She is in H4 and currently in US. The visa dates are open for her starting November. But the attorneys point is that the FOIA request wouldn't be always successfull. So they want to wait until my 485 gets approved and file my wife's based on my approval using visa waiver.
I am also confused by the attroneys stmt.
Click to expand...

Which I-94 are you missing? Did you go out of US and come back after that?
 
Actually, during one of my H1B extension(when I transfered to differenct company) we did not apply for her H4 since it was valid for more than a year. And she got her visa stamped in Washington based on my transfered H1B. She went to India after that and was issued an I-94 for which we don't have a copy. And after that also, she went to inida a couple of times.

So, for a period of 8 months, we don't have any proof (either i-94 or h4 approval notice) that she stayed legally here in US. We have sent an FOIA request for requesting the missing I-94. and the lawyer is hesitant to apply for his 485 since the uscis may issue a query regarding the period for which the i-94 is missing.

Thats the story. And she can apply for 485 within 180 days of my 485 approval.
 
ra_bala said:
Actually, during one of my H1B extension(when I transfered to differenct company) we did not apply for her H4 since it was valid for more than a year.
-------------- if H4 was valid and had valid I-94 for one for more than a year then it is not needed to file H4 extension. You transfred to new comany by filing your H1 and your spouse had valid I-94 more than a year at that time

And she got her visa stamped in Washington based on my transfered H1B.
She went to India after that and was issued an I-94 for which we don't have a copy.
And after that also, she went to inida a couple of times.
------------- that is ok, if she has valid I-94 now then why dont your file his/her I-485??
So, for a period of 8 months, we don't have any proof (either i-94 or h4 approval notice) that she stayed legally here in US.
------------- after those 8 months she/he has went out and has been admitted on H4 and got latest I-94, where is the problem? USCIS has NOT asked him/her to provide the copy of her past I-94. file the I-485 with latest I-94 copy(front and back). I think you dont have good lawyer.

We have sent an FOIA request for requesting the missing I-94. and the lawyer is hesitant to apply for his 485 since the uscis may issue a query regarding the period for which the i-94 is missing.
------------- But they have NOT asked as you have not filed I-485. why not to file I-485 now????. file the I-485 and IF any query then reply.

Thats the story. And she can apply for 485 within 180 days of my 485 approval.
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Man you are scaring me...my wife doesn't have H4 or I-94 to show legal presence for almost 2 years. We filed her 485 and lawyer didn't even blink.

I was naive not to file or even ask for it because I didn't know its required.
Counting on internal USCIS system to show that her I-94 for which we dont have copies was always valid. :(

ra_bala said:
Actually, during one of my H1B extension(when I transfered to differenct company) we did not apply for her H4 since it was valid for more than a year. And she got her visa stamped in Washington based on my transfered H1B. She went to India after that and was issued an I-94 for which we don't have a copy. And after that also, she went to inida a couple of times.

So, for a period of 8 months, we don't have any proof (either i-94 or h4 approval notice) that she stayed legally here in US. We have sent an FOIA request for requesting the missing I-94. and the lawyer is hesitant to apply for his 485 since the uscis may issue a query regarding the period for which the i-94 is missing.

Thats the story. And she can apply for 485 within 180 days of my 485 approval.
Click to expand...
 
How do you file this FOIA anyways?
Anybody knows? Or anybody ever successful to get old I-94s that way?

I might as well try in case I get RFE later.

ra_bala said:
Actually, during one of my H1B extension(when I transfered to differenct company) we did not apply for her H4 since it was valid for more than a year. And she got her visa stamped in Washington based on my transfered H1B. She went to India after that and was issued an I-94 for which we don't have a copy. And after that also, she went to inida a couple of times.

So, for a period of 8 months, we don't have any proof (either i-94 or h4 approval notice) that she stayed legally here in US. We have sent an FOIA request for requesting the missing I-94. and the lawyer is hesitant to apply for his 485 since the uscis may issue a query regarding the period for which the i-94 is missing.

Thats the story. And she can apply for 485 within 180 days of my 485 approval.
Click to expand...
 
For the FOIA request you have to file the form G-639. It looks like it might take a long time upto 1-6 months. But I have not heard of any successful cases with I-94. I am just trying my luck here as suggested by my attorney.
 
ra_bala said:
Actually, during one of my H1B extension(when I transfered to differenct company) we did not apply for her H4 since it was valid for more than a year. And she got her visa stamped in Washington based on my transfered H1B. She went to India after that and was issued an I-94 for which we don't have a copy. And after that also, she went to inida a couple of times.

So, for a period of 8 months, we don't have any proof (either i-94 or h4 approval notice) that she stayed legally here in US. We have sent an FOIA request for requesting the missing I-94. and the lawyer is hesitant to apply for his 485 since the uscis may issue a query regarding the period for which the i-94 is missing.

Thats the story. And she can apply for 485 within 180 days of my 485 approval.
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You do not need that I-94. Even my wife's case was also similar.
I would suggest to go apply immediately
 
Yes you do NOT need older I-94s. If you have a valid I-94 now, you can apply 485.

Applu now or better yet talk to some other attorney and see if he/she concurs.
tammy2 said:
You do not need that I-94. Even my wife's case was also similar.
I would suggest to go apply immediately
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