I-485 - VSC - Interesting Situation - Any similar experiences

S

SouthIndian

Registered Users (C)
Hi all,

Good Evening.

I have an very interesting situation to be posted in this Useful Forum.
I have a friend who\'s situation goes like this...

He is the Principal Application for GC, EB3, at VSC. He has completed FP and recently received a RFE. And recently he got married and brought wife on H4. Applied spouse\'s I-485 recenlty and waiting for her "Receipt Notice". His attorney have NOT send the "Evidence" requested on behalf of his RFE and planning to wait(to see whether he can receive his Spouse\'s Receipt Notice before sending the Evidence on behalf of the RFE) and send the \'Evidence\' before the Dead line. The reason attorney stating for this delaying is to make sure that "To Link BOTH the GC Applications" and make sure that both the Applications are APPROVED at the same time(by using the \'Case Number\' of his Spouse\'s Receipt Notice).

With this situation I have following questions, if his attorney sends the \'Evidence\' requested for his case(Principal Applicant) right now and his application got approved.

1). What will happen to the Spouse\'s GC Application. Will it approved separately? Either this will happen ONLY by Linking with Principal Applicant\'s GC Application?

2). What will be her status when waiting for her GC application to get approved and assuming her Husband\'s GC Application got approved SEPARATELY and before Spouse\'s Receipt Notice and FP?

3). Is\'t good to send the Evidence (for RFE) requested on Principal\'s Application RIGHT NOW (Or) wait for the Spouse\'s Receipt Notice?

4). What happens to Principal/Spouse GC application if Spouse\'s Receipt Notice get delayed and has to send the Evidence Requested on behalf of RFE on Principal applicant\'s GC application before the Dead Line?

5). Responding to RFE(Sending in the Evidence) to INS means...? Is\'t the \'Mail containing the Evidence\' has to reach the \'MAIL ROOM\' of VSC? (Or) has to be reached at Officer\'s Desk?

Any Similar Experiences/thoughts would be highly appreciated.

Thanks in advance for all your input.

Have a great day.

Regards
Priyadarshini
 
No Title

I am in the same situation. I am waiting for my approval. I just applied for my wife\'s 485. I spoke to my lawyer regarding this issue. He said, my wife\'s case will be linked to mine, since I am the primary applicant. But hers will be approved later.
 
No Title

If spouse application is with the INS before approval of the principal applicant, then there is no problem with the spouse application.
Because of the spouse application is there with INS, INS will not approve the spouse application because they are processing the principal applicant application.INS treats both applications differently and process as per the receipt date.
They wont pick up later receipt date applications.
Here is the information what my lawyer mentioned is...
While giving the receipt number, they verify the principal applicant status and if it isnot approved they issue the number.
Once the number is issued both are different applications.
**************************

One can not apply the spouse application if the primary application is
already approved.
That\'s why your lawyer might have delayed in replying query.
If he/she replied immediatey, Your case may be approved with in a week.(may be). Then the spouse application will be a problem.
Anyway your lawyer can argue with ins about the date of posting etc...
But It is good to have the spouse receipt number before principal application got approved.
 
No Title

Kuri,

Good Afternoon. Did you get your Wife\'s Receipt Notice yet? When did you apply her I-485? Did you ATLEAST get the Mail Carrier\'s Return Receipt for Proof of Delivery? What\'s your details?

Thanks and have a great day.

Regards
Priyadarshini
 
No Title

What papers are needed for applying spouse\'s I-485.
I will be getting married in September\'01 and these are the my details:

Here are my details:
--------------------
EB2-RIR,INDIA, H1B is valid Jan\' 2003
PD: OCT.\'1999
RD: DEC.\'2000
ND: JAN.\'2001
FP: APR.\'2001
TD: JUN.\'2001 Baltimore, MD

Let\' s keep in touch . this is my mail id
nicki485@hotmail.com

Please suggest me if you can . I will appreciate yr help.
Thanks,
Nicki485
 
No Title

Hya Nick,

Good Morning.

Here are the details that I remember. Not sure whether I have listed all the required Forms/documents needed(as the attorney is the one that sends in the final package normally, better check it out with INS Site). I have tried my best to give you a good information.

1). I-485 (Form for Adjustment of status)

2). I-693 (Form for Medical Examination)

3). G-325 (Form for Biographic Information)

4). G-28 (Form for authorizing Attorney Representation, if an attorney is used)

5). 9003 (Form for IRS)

6). Birth Certificate for spouse.

7). Vaccination Letter from family doctor(from your origin country. This is needed when you do the Medical Examination at INS Approved Doctor. This will help you to reduce the Vaccination shots if one had them already).

8). Official Check/Money order for INS Filing Fee($ 245.00. Check the INS Site for Correct/Latest Fee). Another check for the attorney if one is used for his/her fee.

9). Cover letter stating your GC Application information(Alien Number, etc) with the package sent for your spouse\'s I-485 application. Also, your \'Alien Number\'(number found on your I-485 Receipt Notice) should be mentioned on her I-485 application.

Reference sites: 1). INS home page ====> http://www.ins.usdoj.gov/graphics/index.htm
                          2). INS Forms ====> http://www.ins.usdoj.gov/graphics/formsfee/forms/index.htm

One should get married and bring the spouse on a dependent visa and apply for the spouse\'s I-485 and should be received by INS... all these things should HAPPEN before his/her GC Approval. Else, there is long wait time before one can bring the spouse over here.

PS: This is NOT a Legal information. Don\'t consider this as accurate information and may be not inaccurate/incomplete. Better consult a Legal Attorney. Not responsible for anything because of anyone following this information. Please do so at your own risk.

Hope this helps. Good luck and best wishes to all of us.

Have a good day.

Regards
Priyadarshini
 
No Title

Hi all,
I am also in the similar situation. Only difference is I am not married(and not in a plan to marry soon) but applied for I-485 on 04/00 having PD 11/98. So I am worried that how I can apply for my spouse. I was in an impression that you can apply for your spouse till I-485 is approved. But I found this on Sheela Murth\'s chatting. So now I am confused. Can we apply for spouse on this I-485 even after approval but before passport stamping?

Chatting on Sheela Murthi’s Site. Chat : February 19, 2001

Vishal_P : What if a person gets married after he files for I485 can he include his wife later on his GC Process? Can the spouse still come to U.S. on H4?

SPEAKER_Attorney_Murthy : As mentioned above, it is possible for the spouse to enter on the H4 as long as the principal is still on H1B or if it expires for the principal to keep extending the H1B under AC21 or ACTA. As long as the person does not get the GC stamped in the passport, the person can still add the spouse to the GC process
 
No Title

Hi Priaydarshini, Thanks a lot for your help .

Do you have any information on I-824 for spouse ---

Some people say that at the time of interview or pasport stamping
Primary applicant can file I-824 for spouse in the INS Office .

I do not know how does it work & how long it takes .
  
Thanks,
NickI485
 
No Title

Single , You are 100% right . I have seen this info on the murthy chat . But do not know how does it work .

Thanks,
NickI485
 
No Title

Does anybody have any info regarding adding spouse with I-824 route
at the time of interview/pasport stamping.

Please post yr message and will appreciate a lot.

NickI485.
 
No Title

Before your AOS(I-485) approval, dependants may also file for the EB-AOS.
After your AOS approval, your EB process is complete and your dependants may qualify for family based emmigration.
Check family based immigration information
 
No Title

Thanks pain ,

(1)Do you know how long this process--

"""""""After your AOS approval, your EB process is complete and your dependants may qualify for family based emmigration"""""""".
 
--Takes to get spouse GC .

(2)Spouse will be in india till time GC approved right .

Thanks.
 
No Title

Hi Kuri ,
Did you file wife\'s I-485 in VSC OR local service center .

My case is transfered to Baltimore-ins office . Do I need to
file my spouse\'s I-485 before getting my interview letter from baltimore office.

Here are my details:
--------------------
EB2-RIR,INDIA
PD: OCT.\'1999
RD: DEC.\'2000
ND: JAN.\'2001
Finger Prints : APR.\'2001
Transfer Date : 04th JUNE\'2001 to Baltimore -ins, MD
H1B - valid upto jan\'2003

Thanks,
 
No Title

Hi everybody,

Do anybody know a procedure to chat with Attorney Shella Murthy?
I am planning to ask a question to her about my I-485 and Marriage problem.

As far as I(may be everybody) know, we can add spouse\'s name in our I-485 before I-485 gets approved. But I read on chatting discussion on Shella Murthy\'s site, that you can add spouse\'s name even after I-485 approval and BEFORE PASSPORT STAMPING. I want to ask her how we can add spouse\'s name ( after I-485 approval and BEFORE PASSPORT STAMPING )and what is a procedure and forms to do that.

I didn\'t find a procedure on her site by which I can chat and ask a question to her. So if anybody knows about that, please let me know I( and many like me) will appreciate.

Thanks
Single.
 
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