Is spouse's 485 in trouble - Ginnu, RealCanadian pls help?

A

aaifor

Registered Users (C)
Hi guys,
Apparently i got approved for GC, since i received an email last evening from CRIS saying "Card Production ordered" for I-485 on Aug 27.

Here are some details
PD: May 2004, EB3 India
I-140/485 RD/ND Dec 2004, Nebraska
I-140 Approval June 2005
Ac-21 papers sent in Apr 2007

Wife's I-485 RD Jul 2, 2007. ND Aug 9 , 2007 I797 received.

The lawyer is saying that my case could have been pre-approved in July since no visa numbers are(were) available for EB3 India in Aug. (it might have been earlier too..because of pre-adjudication-something i don't understand)

Also I had filed an EAD/AP for self in end of July 2007 (online) and did fingerprinting/photo for EAD 10 days ago at the Oakland ASC. The lady said i should get my card in a few weeks but definitely in less than 60 days. (My last fingerprinting was for I-485 in June 2006), so don't know if this triggered the approval..

Questions: please help


  • [*] Comedy of errors: could they have approved the wrong case (485 vs 765)?

    [*]With this background, what risk is to my wife's case if as per lawyer my case was pre-approved?

    [*]And if so what legal remedies are available ?
 
I don't see what you're worried about. So long as you were married before your I-485 was approved, then your wife's I-485 should proceed without issue.
 
TheRealCanadian said:
I don't see what you're worried about. So long as you were married before your I-485 was approved, then your wife's I-485 should proceed without issue.
Click to expand...

Thanks TheRealCanadian.

Reason i am worried is that my case was filed in Dec 2004 and wife's was filed in July 2007. I got married in 2006. Per lawyer (and she could be wrong) her case should be (have been) filed before mine got approved.

In this case, she says it is strange my case getting approved in Aug 2007 for eb3 india when no visa numbers are available, so it could have been in july. though we did file in july (RD jul 2), ND aug 9; could be an issue....

What is the law? Case should have been filed before approval or just marriage is fine. ...sorry very confused...
 
aaifor said:
Hi guys,
Apparently i got approved for GC, since i received an email last evening from CRIS saying "Card Production ordered" for I-485 on Aug 27.

Here are some details
PD: May 2004, EB3 India
I-140/485 RD/ND Dec 2004, Nebraska
I-140 Approval June 2005
Ac-21 papers sent in Apr 2007

Wife's I-485 RD Jul 2, 2007. ND Aug 9 , 2007 I797 received.

The lawyer is saying that my case could have been pre-approved in July since no visa numbers are(were) available for EB3 India in Aug.
--------------- I think lawyer is correct. USCIS may have taken visa number for your I-485 from DOS when PD was current
(it might have been earlier too..because of pre-adjudication-something i don't understand)

Also I had filed an EAD/AP for self in end of July 2007 (online) and did fingerprinting/photo for EAD 10 days ago at the Oakland ASC.
--------------if you got the GC or I-485 approved then you will NOT get EAD AP approved
The lady said i should get my card in a few weeks but definitely in less than 60 days. (My last fingerprinting was for I-485 in June 2006), so don't know if this triggered the approval..

Questions: please help


  • [*] Comedy of errors: could they have approved the wrong case (485 vs 765)?

    [*]With this background, what risk is to my wife's case if as per lawyer my case was pre-approved?
    ---------------------------nothing to worry, they have accepted your wife I-485 and she got reciept
    [*]And if so what legal remedies are available ?
Click to expand...

---------------------------------
 
Ginnu, theRealCanadian,
This is similar to the other new thread i opened.

I forgot to mention that on the 485 filed on July 2, we DID not file an I-130 petition for my wife as we were not aware the PR has been processed.

We had filed as if I was still on H-1B and in AOS myself...

Does this change your replies?
 
No Worries

You did right and don't worry.
I am in the similar situation and today my wife's GC got appoved...you just gonna have to wait because of the application load
aaifor said:
Ginnu, theRealCanadian,
This is similar to the other new thread i opened.

I forgot to mention that on the 485 filed on July 2, we DID not file an I-130 petition for my wife as we were not aware the PR has been processed.

We had filed as if I was still on H-1B and in AOS myself...

Does this change your replies?
Click to expand...
 
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