is it possible to add my wife to my gc processing now (485)?

rascaly2k

Registered Users (C)
Hi there need some advice
I filed my 140 and 485 together . At that point in time i was not married . I My 140 got approved and was waiting in the 485 queue . During that period I got married. And i had and h1 status but it expired and i went on ead . In the mean while my wife went on f1 visa and is stuyding in college.

My priorty date is 02/18/2003 . Is there any way to add her to my case ?

would appreciate your help
thank you
-reeve
 
rascaly2k said:
My priorty date is 02/18/2003 . Is there any way to add her to my case ?

You don't "add her to your case". If your priority date is current and she is in a valid non-immigrant status, she can file her own I-485.
 
Doesn't it has to happen before he gets his I-485 approved? I am trying to understand how can an I-485 for a spouse be entered separately after the primary applicant has filed the I-485 and Priority date is Current? Can it be done until the Service Center has processed the case? So, that backlog time can be used?

This article on Murthy seemed to say that this filing should happen before the PD is current. Check this please: The primary's case cannot be approved unless the priority date becomes available. The dependent's case can be filed immediately as the priority date becomes available. The U.S. Department of State Visa Bulletin is posted about 15 days in advance of the month during which it is effective. This advance notice that the visa numbers will be available is the best way to coordinate the dependent's case and have it ready to file at the beginning of the month when the visa numbers become available. This will greatly reduce the chances of the primary's case being approved before the dependent can file.
link is: http://www.murthy.com/news/n_retspo.html

Now, why such a hurry if the Service Center has a backlog... which is always the case?
 
a101 said:
Doesn't it has to happen before he gets his I-485 approved?

No, it can happen at any time, so long as the his PD is current.

This article on Murthy seemed to say that this filing should happen before the PD is current.

Actually, it cannot happen until the PD is current since the dependents share the same PD as the primary, and an I-485 cannot be filed without a current priority date. Note: The dependent's case can be filed immediately as the priority date becomes available.

What Murhty is saying is that since you usually get around 15 days' advance notice of the PD becoming current, one should coordinate and use that lead time to ensure that you file as soon as possible once the PD is current on the first of a month.
 
So, long as the PD is current but the 485 is not approved... right?

My question about the Murthy link was that why do such a hurry in filing for the dependent as the Service Center are running in backlog? Lets say... my PD is going to be current on 1st January, so I'll apply for my 485 but my spouse can't as she is out of the country. Now, the Service Center is only processing cases submitted in April 2006. Which means more than 6 months of backlog. So, wouldn't it be OK that the spouse's 485 be filed within 6 months of my filing 485? Isn't the backlog date of the service center of real importance in this case and not the PD going current?

Thanks in advance,
a101
 
Don't trust the processing dates published. Some ppl. who applied in October are also getting approved.
 
a101 said:
So, long as the PD is current but the 485 is not approved... right?

No, so long as the PD is current. Wether the primary applicant's I-485 is approved is irrelevant, so long as they are already married.
 
Thanks for your responses. I think the picture is more clear now.

The issue however, could be that if the Spouse was planning to travel back on H4. And the 485 of the primary applicant got approved before she had entered the US, then her H-4 becomes invalid (or does the stamp is good to enter on still?) and she won't be able to get back in the country. And if not in country then she can't apply for AOS (485).

Is that a valid scenario / concern?
 
hi

TheRealCanadian said:
No, so long as the PD is current. Wether the primary applicant's I-485 is approved is irrelevant, so long as they are already married.
i am canadian too can you give me some advise on my case
 
unitednations said:
Be very careful. I imagine you didn't get your wife on H-4 because you were already off H-1. If you got married before she came to USA; then she would have probably lied on her F-1 visa application to say she wasn't married.

You need to navigate this carefully as it can cause issues later.

Nope she came her only an h4 visa and i got her converted to an f1 visa.
 
thank you all for helping me understand this better , appreciate it . I thought some hear had mentioned that they were planning to add a law/help to aid in adding ur wife to ur case even if the PD is not current. Is there any truth to this rumor ?
 
Top