I-485 & Spouse question

[paradkaram]

Friends & Guru

I had few questions regarding I-485.

I filed my 485 application on Sept 30, 2005.

What is the probability that my 485 application gets approved in this whole scheme of things ( I heard USCIS approved about 25K Green Cards on July 1, 2007)? my LUD is March 07 when the case was transferred from VSC to TSC.

if my 485 gets approved what does it do to my Wife's application? (I was trying to send her application in on July 2, 2007 but i am not sure about the status of the application after revised USCIS bulletins).

Our marraige date is Nov 9, 2005.

I am currently in H1-B and my wife is on H-4.

my details are

EB-2 India, PD 12 Aug 2005.

Guru's Please help.

Thanks

Andy

 

[jk0274]

If things stay the way they are now, there is no chance your I-485 (or mine, or anybody's) will be approved in fiscal year 07. This means that Oct.1 is the earliest possible date for approvals, but that will depend on what visa numbers are made available by the Department of State in October - we should know this by the second week of September.

As for your wife: She should get ready to submit her I-485 as soon as your priority date is current again. This will minimize the risk of your I-485 being approved before your green card is approved. I understand there may be a grace period after you get your approval where she might still be able to apply as a derivative applicant (not sure about this and not sure how long such a grace period is), but afterwards she is no longer eligible to apply as a derivative and must get in line as a spouse of a permanent resident under the family-based visa numbers (as opposed to employment based). This can take additional years. Plus remember that she will lose status as H-4 as soon as you become a permanent resident. So as soon as you see visa numbers becoming current, get her application ready to submit as soon as the new month starts, whenever that is.

 

[TheRealCanadian]

I understand there may be a grace period after you get your approval where she might still be able to apply as a derivative applicant (not sure about this and not sure how long such a grace period is)

Under 245k, she can file an I-485 up to 180 days after her non-immigrant status ceased because her spouse became a permanent resident. After that, she needs to do CP.

but afterwards she is no longer eligible to apply as a derivative and must get in line as a spouse of a permanent resident under the family-based visa numbers (as opposed to employment based). This can take additional years.

This is completely incorrect. Since the marriage took place before her husband became a permanent resident, she remains forever (well, as long as she remains married) able to claim derivative status and will never need to file under FB2A.

 

[cheseret]

hello,
my question is, i have filled I-140 and it is still pending, i sent in I-907 on July 1st since i was told they will postmark before july 2nd, hopefully that is the case. my question is when is my priority date current to file I-485, and can i start filling I-485 right now while my I-140 is still pending, i was thinking of doing this before July 30th when they increase the filling fee.
thanks

 

[looking4green]

TheRealCanadian,
Thanks for your prev answers.

Under 245k, she can file an I-485 up to 180 days after her non-immigrant status ceased because her spouse became a permanent resident. After that, she needs to do CP

whether she has to file i539? BTW which service center she has to file I485? chicago or nebraska?

Thanks in advance.
looking4green

 

[jk0274]

This is completely incorrect. Since the marriage took place before her husband became a permanent resident, she remains forever (well, as long as she remains married) able to claim derivative status and will never need to file under FB2A.

Yet again, I sit corrected. Thanks for the clarification. I'll strive towards raising myself from 'completely' incorrect to 'partially' incorrect next time