Is there any time limit that one can apply 485 for derivative after primary approved

R

reddy_9999

Registered Users (C)
Hi Guys,
Is there a possibility to apply -485 for dervative spouse after primary 485 approved. I heard that there will be a grace period within which one can apply 485 for spouse if primary gets approved accidentally .
any body has any clue on this please...because I applied my 485 and my wife is effected by retrogression..she is on h4 visa.my finger prints done today..

Thanks!
 
reddy_9999 said:
Hi Guys,
Is there a possibility to apply -485 for dervative spouse after primary 485 approved. I heard that there will be a grace period within which one can apply 485 for spouse if primary gets approved accidentally .
any body has any clue on this please...because I applied my 485 and my wife is effected by retrogression..she is on h4 visa.my finger prints done today..

Thanks!
Click to expand...

Yes, as long as the marriage is before 485 approval (which seems to be the case with you). You can file a follow-to-join (dont know much details other than the fact that such a process is available).

Do a search on follow-to-join for more info.
 
reddy_9999 said:
Hi Guys,
Is there a possibility to apply -485 for dervative spouse after primary 485 approved. I heard that there will be a grace period within which one can apply 485 for spouse if primary gets approved accidentally .
any body has any clue on this please...because I applied my 485 and my wife is effected by retrogression..she is on h4 visa.my finger prints done today..

Thanks!
Click to expand...


You can file I-485 for your wife if she's in US. What do you mean by accidentally?
 
i thought one can file 485 soon after marriage.....if primary 485 is not already approved, am i wrong?
 
techy2468 said:
i thought one can file 485 soon after marriage.....if primary 485 is not already approved, am i wrong?
Click to expand...

Yes. If the primary person gets I485 approved, he/she is not in AOS stage anymore. He/she is GC holder and will be treated as GC holder.
 
485 for my wife.

Mine is EB3 India and a PD of Sept 2002 and I filed for my 485 in April 2004. I got married in August 2005 and my lawyer says that I cannot file for her 485
because of retrogression.
Q1. Does my wife "inherit" my priority date ? ( Even so, I cannot file for her 485 because of retrogression.)
Q2. Is there any provision to apply 485 for my wife because technically there was a visa number available for me when I filed for 485 for myself.
Gurus, please advise as I am planning to give up and go back.
 
My info

Guys,
Like you i also effected by regression and i and my wife applied 485 at that time my daughter is in india .I applied after she comes back and INS returned her application saying that no visa numbers available and pd not current.now i am waiting for PD long way to reach 2003apr
 
Last edited by a moderator:
GC_Govinda said:
Mine is EB3 India and a PD of Sept 2002 and I filed for my 485 in April 2004. I got married in August 2005 and my lawyer says that I cannot file for her 485
because of retrogression.
Q1. Does my wife "inherit" my priority date ? ( Even so, I cannot file for her 485 because of retrogression.)
What do you mean "inherit"? Your wife can be applied as dependend once visa is available and your I485 is not approved yet.

Q2. Is there any provision to apply 485 for my wife because technically there was a visa number available for me when I filed for 485 for myself.
None. Wait until your PD = current.

Gurus, please advise as I am planning to give up and go back.
Great. There will be one visa available :) Kidding, but good luck
Click to expand...
 
schalla said:
Guys,
Like you i also effected by regression and i and my wife applied 485 at that time my daughter is in india .I applied after she comes back and INS returned her application saying that no visa numbers available and pd not current.now i am waiting for PD long way to reach 2003apr
Click to expand...

Don't panic. You are in such a good shape than other people since your wife can work with EAD :)
 
techy2468 said:
i thought one can file 485 soon after marriage.....if primary 485 is not already approved, am i wrong?
Click to expand...

Yes one can file 485 after the marriage if PD is current. If he/she is in US and Primary 485 got approved..still 485 can be filed for dependent.
 
GC_Govinda said:
Mine is EB3 India and a PD of Sept 2002 and I filed for my 485 in April 2004. I got married in August 2005 and my lawyer says that I cannot file for her 485
because of retrogression.
Q1. Does my wife "inherit" my priority date ? ( Even so, I cannot file for her 485 because of retrogression.)
Yes she have same PD as you and she have to maintain her own legal status like H4 or H1.
Q2. Is there any provision to apply 485 for my wife because technically there was a visa number available for me when I filed for 485 for myself.
Gurus, please advise as I am planning to give up and go back.
No.
Is she in US with you?[/QUOTE]
Click to expand...
 
Hi

After a research on this and other forums I found couple of things like

1.Derivative spouse will have the same priority date as primary
2.Derivative spouse needs to apply for I-485 before primary gets approved
3.If by chance Derivative spouse could not be applied for I-485 before primary approval ,then Dependent spouse will go out of status.
I don't know what happens in such case...Iam in similar case.I am planning to call some good attorney and will find out what happens ....I have done my finger prints and haven't applied I-485 for my wife,because of retrogression.She is on H-4. Can any body guess what could happen??

Thanks
 
reddy_9999 said:
Hi

After a research on this and other forums I found couple of things like

1.Derivative spouse will have the same priority date as primary
Correct
2.Derivative spouse needs to apply for I-485 before primary gets approved
That's not correct.. She can file even after primary 485 approval as long as She is in USA otherwise she can join theu FTJ route.
3.If by chance Derivative spouse could not be applied for I-485 before primary approval ,then Dependent spouse will go out of status.
Correct but other visa can be applied like B2. you will get your GC only when your PD are current and in that time your spouse 485 can be applied.Where's the confusion?
I don't know what happens in such case...Iam in similar case.I am planning to call some good attorney and will find out what happens ....I have done my finger prints and haven't applied I-485 for my wife,because of retrogression.She is on H-4. Can any body guess what could happen??

Thanks
Click to expand...
 
newbies said:
Don't panic. You are in such a good shape than other people since your wife can work with EAD :)
Click to expand...

Newbies,
I am not worried much but i just want to let you guys know that we can't apply 485.

Thanks
 
What's the problem here? If your I-485 gets approved, then your PD is current, and you can file immediately your spouse's I485. She might go out of status for a short period of time that is needed for preparing the paperwork and mailing, but that is fine under 245(k) if less than 180 days. You need to maintain H1B until your I-485 is approved so that your spouse can maintain proper H4 status.
 
reddy_9999 said:
Hi

After a research on this and other forums I found couple of things like

1.Derivative spouse will have the same priority date as primary
2.Derivative spouse needs to apply for I-485 before primary gets approved
3.If by chance Derivative spouse could not be applied for I-485 before primary approval ,then Dependent spouse will go out of status.
I don't know what happens in such case...Iam in similar case.I am planning to call some good attorney and will find out what happens ....I have done my finger prints and haven't applied I-485 for my wife,because of retrogression.She is on H-4. Can any body guess what could happen??

Thanks
Click to expand...

Your points 1 and 2 are correct. With regard to point 3 you will have time to apply for your spouse's 485 and there is abolutely no chance that your 485 will be approved by mistake because you submitted your fingerprints. Lets take a case scenario (used only to illustrate how you can still file your wife's 485)- Assume you are EB2 and your priority date is Aug 2002. Lets say that your PD becomes current in May 05. You will know what the PD dates for May are in April itself. Let's say the visa bulletin is published on April 10. You will have time to get the paper work ready for your wife between April 10 and April 30. You/your lawyer can then mail your wife's application on April 30 such that USCIS recieves it on or after May 1st. If you mail it before May 1 it is possible USCIS will send the application back saying visa dates are not current.
 
Thank you Bade Miyan and Raj..
your advice is really helpful to me
Raj you gave me right answer that i have been looking for all these days..
Thanks folks ..u guys rock
all the best!
 
facing the same issue..

My 485 PD(May 2002) will become current on april 1,2006. I am planning to get married before that. But visa appointment dates are hard to get these days.
1. How many month does it take for the I485 to be approved from the date of current?
2. Say she takes a visa appt for H4..but by the time my 485 gets approved. Will she get her H4?( my H1 is valid till Dec 2006)
3. Can I still add her 485 after my 485 is approved. If so how?
 
For Point 2, rajinca's answer is correct.
<quote>
2.Derivative spouse needs to apply for I-485 before primary gets approved
That's not correct.. She can file even after primary 485 approval as long as She is in USA otherwise she can join theu FTJ route.
</quote>


There is a long thread on Follow to Join (FTJ) in this portal. Do a search and also google on "Follow to join".
 
You must log in or register to reply here.
Top