Is it possible to delay I-485 approval till wife can file her AOS?

K

kk_1980

Registered Users (C)
I guess mine is contrary to many of the posts here. I don't want my I-485 to be approved till my wife can file her AOS.

I applied for my I-485 when i was single in Sep 2005. I got married in Feb 2006 and we came on H-visa. We have been waiting for my PD to become current so that my wife can file her AOS.

With the recent efforts to clear the backlog, i am concerned that my I-485 may be approved and my wife will be out-of-status.

My question: What are the chances of USCIS approving the I-485 (RD: Oct 2005) with the PD of Sept 2005.

The online case status says "Case is Pending".

I hope its zero chances, but want to know from senior members. Should i call NSC customer service? Should i try the Infopass? Would that negatively affect and cause the I-485 approval?

My brother is getting married on Sep 6th. I hope my GC won't be approved so that we can visit India and come back on H- visas.

CSC I-140 approval (NIW, EB2): Sept 2005
I-485 RD: Oct 2005
Transfer to NSC: 03/2007
FP#2: 04/2007
 
Withdraw I-485

You can withdraw your I-485 and re-file it along with your wife's I-485. But there is no guarantee that your withdrawal will be processed before your case gets approved. If you don't want to take any chances, the best thing is to get a F1 or H1 visa for your wife. In that case she will not be out of status when your I-485 is approved and she can file her I-485 as soon as dates open again.
 
Hi,

The worst thing happened and my I-485 got approved yesterday on July 9th. I am not sure how it got approved even though my Priority Date (July 2005) has never been current. Now what?

Is my wife's H-4 still valid? Is there any grace period? I just got the I-20 from her school and am about to apply for her F-1 visa.

Will i be able to apply for her AOS if and when my PD becomes current again in future?

Will the F-1 visa be denied on the grounds that my I-140 is approved? If its denied, how long can my wife stay in US?

And, if she has to leave within 180 days (based on the 241g benefits), how can she apply for her I-485 from India? can she use Consular Processing? Will she be my derivative or will she have to file based on Family Based?

While I curse my self for applying for my I-485 when i was single, i hope my approval provides a ray of hope for all others that it is possible to get I-485 approval during July as well.

Thanks,
KK_1980
 
I have answered as best as I can. Please look below the questions for answers. These are based on my experience only. Please consult a good lawyer ASAP. I hope that your PD becomes current soon so that you can file I-485 for her.

kk_1980 said:
Hi,

The worst thing happened and my I-485 got approved yesterday on July 9th. I am not sure how it got approved even though my Priority Date (July 2005) has never been current. Now what?
>>> Looks like the visa numbers were assigned before July 2nd. I think technically you are current on July 1st.

Is my wife's H-4 still valid? Is there any grace period? I just got the I-20 from her school and am about to apply for her F-1 visa.
>>>She is out of status now. I don't think there is any official grace period. But she can file I-485 when dates become current even if she is out of status for 180 days or less( 245(k) provision)

Will i be able to apply for her AOS if and when my PD becomes current again in future?
>>>Yes. Provided she is NOT out of status for more than 180 days by then.

Will the F-1 visa be denied on the grounds that my I-140 is approved? If its denied, how long can my wife stay in US?
>>>I do not think F1 will be rejected. Since she has not shown her immigration intent by applying I-485, she should be fine but DO CONSULT A LAWYER BEFORE APPLYING FOR F1.

And, if she has to leave within 180 days (based on the 241g benefits), how can she apply for her I-485 from India? can she use Consular Processing? Will she be my derivative or will she have to file based on Family Based?
>>>I-485 can be filed only while applicant being in US. You can file I-824 and upon the approval of it( taking about 8 months), she can go for consular processing in India if the PD is current at that time. She will come under derivative status only not Family based.

While I curse my self for applying for my I-485 when i was single, i hope my approval provides a ray of hope for all others that it is possible to get I-485 approval during July as well.

Thanks,
KK_1980
Click to expand...
 
Yes, you must consult a lawyer. Your wife can go back to India and do consular processing(Follow to join). It normally takes 8 months if you are PD's are current. Your situation is not bad, if your PD will be current. Else your wife may get stuck.

My scenario is somewhat similar to you, but my GC is NOT aprroved yet, my wife is on L1 and not dependent on me, and my PD is EB2-2001 India, her package reached on July 2 in the morning. So, we are not sure if it will be accepted or not.

Good luck man!
 
Hi,

We spoke to two lawyers (one from my company and the other outside) and they both suggested that i should go ahead and apply for F-1 visa right away. And, hopefully it will be accepted.

I filed the I-539 to change my wife's status from H-4 to F-1. Let's hope we get the response soon on it. And, lawyer told me i have two options:

1. If the F-1 is accepted, she can be in US and file for AOS using "Follow-to-Join" but the PD has to be current.

2. If the F-1 is denied, she should leave the country, i should file I-824 for CP and that she can attend interview only when the PD becomes current.

Thank you both of you for your timely help and comforting words.

I hope things would work out.

Sincerely,
KK_1980.
 
h4 to f1

Hi

How did you manage to get I-20 so soon for your wife ? Can you please tell me the name of the university or institution ?

I am also planning to have my wife status changed from H4 to F1.
Thanks
Rajeev
 
Oh..My wife already was admitted for the Fall program. She was planning for this from last december. She wanted to do it on H-4, but now she will have to do on F-1 visa.

In your case, you may consider talking to DeAnza college (if you are in bay area) or any other community collges. Admission is quick and they may provide I-20 in short time.

Good luck,

Thanks,
kk_1980
 
kk_1980 said:
Hi,

We spoke to two lawyers (one from my company and the other outside) and they both suggested that i should go ahead and apply for F-1 visa right away. And, hopefully it will be accepted.

I filed the I-539 to change my wife's status from H-4 to F-1. Let's hope we get the response soon on it. And, lawyer told me i have two options:

1. If the F-1 is accepted, she can be in US and file for AOS using "Follow-to-Join" but the PD has to be current.

2. If the F-1 is denied, she should leave the country, i should file I-824 for CP and that she can attend interview only when the PD becomes current.

Thank you both of you for your timely help and comforting words.

I hope things would work out.

Sincerely,
KK_1980.
Click to expand...


kk_1980,

I am in a same boat as you. I got my GC approved in the last week of June. I could not add my wife due to the retrogression. I'm planning to file my wife's F-1 as well. She got the I-20 from her school. Can you let me know the list of documents you have sent along with I539? Thank you.
 
Last edited by a moderator:
Hi,

Here is the list:

1. Purpose of application for change of status to F-1
2. I-539 along with Check for $200 in favor of USCIS.
3. Photocopy of Admission letter
4. Original I-20 from University
5. SEVIS I-901 Fee receipt
6. Photocopy of I-797 approval notice for H-4 visa, along with latest I-94
7. Photo copy of Old I-94 with last date of entry
8. Proof of Availability of Funds along with Marriage Certificate
9. Copy of current passport
10. Copy of old Expired passport with the H-4 visa that i used to enter US.

Ps: Some university websites mentioned that i should also include the H-1B approval notice (I-797). However, it includes the A# in it and they may track the I-485 status using the A#. My wife's university mentioned that i should submit the H-4 for now and submit the H-1B only if they send an RFE. (Basically, why give more info than required).

I am not sure if i did the right thing by withholding the info. Only time will tell. May be senior members can comment on their experience.

Send me a Private Message, i can email the Letter of explanation. If you are filing by yourself, make sure you answer the question #3 g as well. (i.e even if we select NO, we have to answer it).

Good Luck, I hope god will show mercy on us.
 
I am happy that you have are able to file the change of status immediately. I hope that it gets approved soon. Please keep us posted.

Thanks.

kk_1980 said:
Hi,

We spoke to two lawyers (one from my company and the other outside) and they both suggested that i should go ahead and apply for F-1 visa right away. And, hopefully it will be accepted.

I filed the I-539 to change my wife's status from H-4 to F-1. Let's hope we get the response soon on it. And, lawyer told me i have two options:

1. If the F-1 is accepted, she can be in US and file for AOS using "Follow-to-Join" but the PD has to be current.

2. If the F-1 is denied, she should leave the country, i should file I-824 for CP and that she can attend interview only when the PD becomes current.

Thank you both of you for your timely help and comforting words.

I hope things would work out.

Sincerely,
KK_1980.
Click to expand...
 
kk_1980 said:
Hi,

Here is the list:

1. Purpose of application for change of status to F-1
2. I-539 along with Check for $200 in favor of USCIS.
3. Photocopy of Admission letter
4. Original I-20 from University
5. SEVIS I-901 Fee receipt
6. Photocopy of I-797 approval notice for H-4 visa, along with latest I-94
7. Photo copy of Old I-94 with last date of entry
8. Proof of Availability of Funds along with Marriage Certificate
9. Copy of current passport
10. Copy of old Expired passport with the H-4 visa that i used to enter US.

Ps: Some university websites mentioned that i should also include the H-1B approval notice (I-797). However, it includes the A# in it and they may track the I-485 status using the A#. My wife's university mentioned that i should submit the H-4 for now and submit the H-1B only if they send an RFE. (Basically, why give more info than required).

I am not sure if i did the right thing by withholding the info. Only time will tell. May be senior members can comment on their experience.

Send me a Private Message, i can email the Letter of explanation. If you are filing by yourself, make sure you answer the question #3 g as well. (i.e even if we select NO, we have to answer it).

Good Luck, I hope god will show mercy on us.
Click to expand...

Thanks kk_1980. I've sent you a private message. Please respond to that as soon as you get a chance. Thanks again.
 
Those who are planning to change their wife to F-1 ... if she ever travels outside the US on F-1, they are very likely to refuse her at the port of entry if they know she is married to a green card holder. Remember with the F-1 (or J-1 or B-1) the burden of proof is on the applicant to show that you do NOT have immigrant intent, not on the officer to show that you do.
 
God is great..Indeed

Jackolantern said:
Those who are planning to change their wife to F-1 ... if she ever travels outside the US on F-1, they are very likely to refuse her at the port of entry if they know she is married to a green card holder. Remember with the F-1 (or J-1 or B-1) the burden of proof is on the applicant to show that you do NOT have immigrant intent, not on the officer to show that you do.
Click to expand...


Yes, you are absolutely correct. My lawyer told me that she shouldn't travel outside the country till we get her AP (if and when her PD becomes current).

Update on my situation: Based on today's revised bulletin (July 17th), my wife's AOS that we filed on July 2nd would be accepted and she would be in AOS pending status. She should get the EAD and AP based on the pending I-485.

Now, i wonder how i should revoke the I-539. Does any one know?
 
H4-F1 details

I got quite a few PMs for this, hence thought of sharing the same info here.

Few clarifications about the I-539 form:

Do I need to say "yes" to any of the following questions?

a) Are you, or any other person included on the application, an applicant for an immigrant visa?

[KK] In my wife's case, we submitted the application for I-485 on July 2nd, but we haven't received any receipt notice. Hence we mentioned this to be "NO".

b) Has an immigrant petition ever been filed for you or for any other person included in this application?

[KK] same as above, NO.

c) Has a Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any other person included in this application?

[KK] NO.


The letter of explanation:

[KK] Here is the letter:

From
<address>

To Whom It May Concern:

Subject: Purpose of application for change of status to F-1

I, xxxx, have been offered admission to the Fall 2007 Master of Business Administration (MBA) program at the zzz University, (address). I am writing this letter to explain the purpose of my application (I-539) for change of status from H4 to F1 visa. The F-1 visa would give me the opportunity to make the best use of several benefits and help me achieve my goal of becoming a successful business person.

The F-1 visa would enable me to apply for off-campus employment (internship). From this I would gain valuable industrial experience while pursuing my MBA degree. Such an internship experience would greatly add value to my MBA degree.

After graduation the F-1 visa would allow me to undergo optional practical training in an industry for a year. This industrial experience in the USA would strengthen my chances for getting a job back in my home country. The F1 visa would also let me travel abroad to other countries for possible industrial internships as well as travel to my home country during vacation.

I hereby request your good self to consider my application for change of status to F-1. I am looking forward for a positive response. I have herewith enclosed all the necessary documents for your perusal. Please feel free to contact me in case you need further information.

Thank you for your time.

Sincerely,

(xxxxx)
July 9, 2007


For 3g, use the following:

I am being supported by my husband, YYY. He is employed with ZZZZ, ((address) as a xxxx Engineer. He receives an annual income of $mmmmm.

I have been granted admission to Fall xxxx MBA program at xyz University. I hereby state that my husband has agreed to fully pay my educational and living expenses totaling $nn,nnn/year. I have enclosed a letter of support from my husband and a financial statement of account from his bank.
 
kk_1980 said:
Yes, you are absolutely correct. My lawyer told me that she shouldn't travel outside the country till we get her AP (if and when her PD becomes current).

Update on my situation: Based on today's revised bulletin (July 17th), my wife's AOS that we filed on July 2nd would be accepted and she would be in AOS pending status. She should get the EAD and AP based on the pending I-485.

Now, i wonder how i should revoke the I-539. Does any one know?
Click to expand...

What all documents you mailed for your wife 485 application ? Our attorney didn’t include my employment letter with her 485 application. According to our attorney, its not required for dependent 485. Did your attorney include employment letter with her 485 ?

Thanks
 
rajeev724 said:
What all documents you mailed for your wife 485 application ? Our attorney didn’t include my employment letter with her 485 application. According to our attorney, its not required for dependent 485. Did your attorney include employment letter with her 485 ?

Thanks
Click to expand...

Yes, I included an employment letter stating that i am still in the same job with same title, description and the salary is at least xxxx, (the amount mentioned in my labor filing).

I also included pay checks as support documents for I-134 (affidavit of support).
 
Further update:

My wife received approval for her COS to F-1 visa this week.
She also got the EAD based on her I-485 application.

So, there is reason to be hopeful.

Cheers,
KK
 
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