I-485 for wife and Daughter

S

seeethu

Registered Users (C)
Hi,

I applied for my I-485 (EB3) which reached Nebraska on 07/02/07. My wife and daughter were in India and I made all efforts to bring them into the USA before that date, but could'nt. They reached here on 07/03/07.

Priority date is 09/02 and my I140 was approved in May-07.

Given the situation now on I-485, Experts, Let me know what are my options. I do understand that I have to consult my lawyer, but I thought I can go with more knowledge when I talk to them.

Thanks for your HELP.
Seetha
 
You are asking a question that nobody has the answers to: Right now, your I-485 is expected to be rejected and returned to you because of the recent visa bulletin update. If anything changes in the next week or two, you'll find posts on that here. Otherwise, the earliest you and your family can file (or in your case re-file) I-485 is whenever EB-3 for India becomes current again, which is anybody's guess, but not before October at the earliest. In the meantime, you'll have to continue in your present status (H-1b?).
 
Now that there is some clarity, Is there anyone who can answer the above question?

I hope I am not demanding here.
 
Now, your I-485 that you already sent will be accepted.

As for your family, if they are still here, they can apply for the green card I-485 now, and have until August 17 to do so. They must apply as your derivative applicants. You are all set to go.
 
Thanks jk.

THey are here and i have all the papers. Is there any specific thing I must attach with their 485 application?
 
Read this page:
http://www.immihelp.com/greencard/adjustmentofstatus/application.html

Read the top items, and the scroll to under "specific category" and see requirements for employment-based. If you have any questions, post here. Most important things (for each application) are: fees, YOUR I-140 receipt (and you can also add your I-485 receipt if you got it already), G325A, medical exam, birth certificate with certified translation, evidence of status, and evidence of relationship to you (lawyers recommend more than just marriage and birth certificates, they recommend you also include things like joint bank statements or joint mortgage and/or copies of last 3 joint tax returns, but it's your decision to include any or all of them, but you need solid proof of relationship to you). You may also need I-134 affidavit of support for each of your dependents. I don't think you need to include everything listed under "employment-based" because in most cases this is overkill. Check here if you have questions.
 
Last edited by a moderator:
seeethu dont forget to include EAD application FORM along with your wife I-485 APPLICATION . This is in addition to all the other things that other posters listed that you shouldinclude.
 
Your family need to wait till PD becomes current

seeethu said:
Hi,

I applied for my I-485 (EB3) which reached Nebraska on 07/02/07. My wife and daughter were in India and I made all efforts to bring them into the USA before that date, but could'nt. They reached here on 07/03/07.

Priority date is 09/02 and my I140 was approved in May-07.

Given the situation now on I-485, Experts, Let me know what are my options. I do understand that I have to consult my lawyer, but I thought I can go with more knowledge when I talk to them.

Thanks for your HELP.
Seetha
Click to expand...


The following i pulled from http://www.immigration-law.com , FAQ on 485 filing. It does not lead to a different URL hence i had to cut paste here

<from_immigration-law.com>
Q-6 (07/19/2007): My wife and children are currently travelling in our home country. I am eligible to file I-485 application under the new USCIS announcement of 07/17/2007. Can I file I-485 application and my family file Immigrant Visa Application in our home country?

A-6: No. Either the following-to-join or accompanying beneficiary (family members) cannot apply for an immigrant visa until your green card is approved first. Additionally, they will be subject to the visa regrogression as their priority date is the same as yours. To avoid the potential tragic consequences, they should immediately return to the U.S. and file the application in July. Again, whether or not they will be able to file I-485 applications after returning to the U.S. in August (before August 17) remains an open question, because in July, they were not present in the U.S. and not eligible for I-485 application at the time since they were not in the U.S. physically. One of the threshold requirement for I-485 application in normal situation is physical present in the U.S. at the time of filing. Inasmuch as they return in July, they may be eligible to file during the extended period in August.

</from_immigration-law.com>
 
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