I-485 Query

S

Sam485

Registered Users (C)
Hi Guys, I have a query.

I applied for I-485 in March 2000 and did not applied for EAD and AP.
I got married in late 2000 and my wife came to US on H4 Visa.

My PD was current in July 2001 (EB3 - India with PD Feb 1999).
I applied for my wife I-485, EAD and AP on RD : July 2nd, 2001.
I got my I-485 approval notice on July 9th 2001.

My wife\'s I-485, AP and EAD, ND was August 23rd, 2001.
She received her EAD in Nov 2001 and AP in Dec 2001.
Her FP was done on Dec 8th, 2001 and the AVM says, FP reviewed and processing has resumed.
Still waiting for her I-485 approval.

My concern is that the INS might say that my wife\'s ND
is after my I-485 approval notice. Is it a valid concern?

Does the INS look at the RD date which was before my I-485 Approval Notice? In that case, she should be OK
and should get her I-485 Approval without any problems. If yes, any thoughts on when will she be getting her Approval.

Also, is there a chance of the I-485 case being denied after getting EAD, AP and FP done?

Any information will be much appreciated.

P.S. Sorry for the lengthy query. Please provide your valuable inputs.
 
No Title

INS looks the marrage date they don\'t check the ND or RD. If you got married before I 485 Approval then you are ok.
 
Here is a lengthy response... :)

Sam_485,

1. If there is any dead line to file for I-485 then it should be based on RD not on ND. Since your wife\'s RD is before your approval date you don\'t even need to think about this.
2. As vguru wrote, I think marriage date is important (not RD or ND) to file for your wife\'s GC as a dependent. Since you got married before your I-485 approval, and your wife is already in US on H4, so you are just fine. One important thing here is if you filed for your wife I-485 after your approval then it would have been a small but correctable problem because by then your wife would have been technically out of status (because you no longer on H1 and your wife\'s H4 is invalid).
3. Yes! I-485 can be denied even after getting EAD, AP and FP done. We did see one case very recently on this board.

- PCee
 
Thank you vguru and PCee

Thanks for your inputs. I heard so many different things from so many people, it confused me completely.
Nice to hear some positive response.
 
I agree with vguru and PCee. The application is considered filed when...

INS receives the application. That is usually the RD. The ND is just the date they entered your case info into the system. You should be fine on all counts. You are just looking at a bit of a wait like the rest of the July filers.
 
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