Issue for my marriage. Please help

raj33

Registered Users (C)
Hi,
I have applied for I485 on september30,2005 before retrogression. I applied my I-140 around mid Aug'05 and, when I talked to my attorney last week he said they got bunch of approvals and mine is also there. Now the real problem is I got a date in Jan'06 for biometrics(code 3). I am not yet married and will be doing so in April'06. Now, if I don't want to give biometrics as they may approve my 485 before marriage. Also, the current processing time in USCIS site shows April 2004. Are they correct processing dates? Some people say they can randomly approve the cases. My PD is July, 2004.

Please suggest me what to do? Shall I give the biometrics or cancel it? The notice said, they may cancel the application if I don't give biometrics. Please help me. Thank you in advance.
 

max2k1

Registered Users (C)
raj33 said:
Hi,
I have applied for I485 on september30,2005 before retrogression. I applied my I-140 around mid Aug'05 and, when I talked to my attorney last week he said they got bunch of approvals and mine is also there. Now the real problem is I got a date in Jan'06 for biometrics(code 3). I am not yet married and will be doing so in April'06. Now, if I don't want to give biometrics as they may approve my 485 before marriage. Also, the current processing time in USCIS site shows April 2004. Are they correct processing dates? Some people say they can randomly approve the cases. My PD is July, 2004.

Please suggest me what to do? Shall I give the biometrics or cancel it? The notice said, they may cancel the application if I don't give biometrics. Please help me. Thank you in advance.
What is your Country of chargeability and your EB category ?
Based on that and your PD (7/2004) you can see if your application is eligible to be processed.

If your country is retrogressed, then your PD would most likely be a couple of years after the cutoff - in that case, you have no chance of getting 485 approval for a while (based on the current scenario)
Since your marriage is only a few months away, hope that your app is retrogressed !!
 

armie

Registered Users (C)
Not appearing or canceling biometrics is never a good idea.
If you have retroressed PD after 2001 you don't have to 'worry' about early approval.
 

PrinceofJungle

New Member
Dont cancel or dealy FP,


If she is here then
Its better to get married as soon as possible,


if she is at home country, then go home and get married as soon as possible, even you couldn't bring her here after marriage but atleast she can go on "Following to Join" path, and after your approval she would be able to join you in 6-12 months.

read more about following to join

http://boards.immigration.com/showthread.php?t=96693&page=132&pp=15


Remember if you got approval and you married after,,,,, keep in mind that would be very painful situation or in other word it would be 5+ yrs story.
don't think much, move/act fast.


Good Luck
 

raj33

Registered Users (C)
max2k1 said:
What is your Country of chargeability and your EB category ?
Based on that and your PD (7/2004) you can see if your application is eligible to be processed.

If your country is retrogressed, then your PD would most likely be a couple of years after the cutoff - in that case, you have no chance of getting 485 approval for a while (based on the current scenario)
Since your marriage is only a few months away, hope that your app is retrogressed !!

Thank you guys. That reduces some of my nervousness.

max2k1,

I am from India and my case is EB2.

What is the difference between processing date(April 29, 2004) and EB2 date given in visa bulletin (01JAN01)

I have applied my 485 before retrogression(30th september,2005). So, how to decide mine is retrogressed?

Also, some folks have confused me saying that cases can be approved randomly after I140, i.e. a case with prior PD may still be pending and a case with later PD can be approved within couple od months of 140 approval. How can this happen? Can you guys post your views. Appreciate your help. Sorry if these are basic questions.
 

raj33

Registered Users (C)
Prince,
I am scared of that 5+yr story. Also, visa appointments are not easily available until 3 months.That's why I am asking help what to do. My marriage is in April, so, I have to escape this time without approval. That's why thought of postponing FP.
 

armie

Registered Users (C)
raj33 said:
What is the difference between processing date(April 29, 2004) and EB2 date given in visa bulletin (01JAN01)

I have applied my 485 before retrogression(30th september,2005). So, how to decide mine is retrogressed?
You have enough time to get married and have kid or two before your PD can become current.
 

sertra2002

Registered Users (C)
raj33 said:
What is the difference between processing date(April 29, 2004) and EB2 date given in visa bulletin (01JAN01)

I have applied my 485 before retrogression(30th september,2005). So, how to decide mine is retrogressed?

This means that USCIS is processing cases filed before 4/29/04, if and only if the PD was before 01-Jan-01. In the above example all cases whose PD is after 01-Jan-01, are retrogressed. So, your case is retrogressed, as your PD is 7/2004.

Bottomline is you don't need to worry about approval in the foreseeable future, which many would see as a bad thing, but in your case it is a good thing, atleast until you get married. After the marriage, you can start worrying about when your case will get approved, and why is it taking so long !! :) In the current scenario, even conservativly thinking, you should be looking at your approval somewhere in 2009-2010. And when 2009 comes, you can look back at this thread and laugh at your 'worry' about getting approved.
 
Last edited by a moderator:

raj33

Registered Users (C)
Thank you armie and sertra.

sertra2002 said:
This means that USCIS is processing cases filed before 4/29/04, if and only if the PD was before 01-Jan-01. In the above example all cases whose PD is after 01-Jan-01, are retrogressed. So, your case is retrogressed, as your PD is 7/2004.

Bottomline is you don't need to worry about approval in the foreseeable future, which many would see as a bad thing, but in your case it is a good thing, atleast until you get married. After the marriage, you can start worrying about when your case will get approved, and why is it taking so long !! :) In the current scenario, even conservativly thinking, you should be looking at your approval somewhere in 2009-2010. And when 2009 comes, you can look back at this thread and laugh at your 'worry' about getting approved.



That is very deep explanation. Thanks a lot. Yeah, it is fun of life (here GC) that we worry for something not to happen, and then we want it to happen. I will keep this thread in favorites and surely check back when my case is approved. What a life!

I appreciate if someone can answer my other query:

It is confusing to here that cases can be approved randomly after I140, i.e. a case with prior PD may still be pending and a case with later PD can be approved within couple of months of 140 approval. What is that scenario and how can this happen?
 

max2k1

Registered Users (C)
raj33 said:
I appreciate if someone can answer my other query:

It is confusing to here that cases can be approved randomly after I140, i.e. a case with prior PD may still be pending and a case with later PD can be approved within couple of months of 140 approval. What is that scenario and how can this happen?

It all depends on your PD and your country.
For example in EB2, PD Jan 2002 (and say 485 RD of Jan 2003) from India is retrogressed (so that application will not get processed right now) - whereas someone from a different country (say Pakistan !!) with the same date is "current" and their app can be processed.

Like what serta said ... To be eligible for processing you need the following
(1) Your 485 RD should be past the "now processing" cutoff
AND
(2) The most important thing -> your PD should be past the cutoff (depends on country and EB category)

Hope that answers your question !
 

raj33

Registered Users (C)
max2k1 said:
It all depends on your PD and your country.
For example in EB2, PD Jan 2002 (and say 485 RD of Jan 2003) from India is retrogressed (so that application will not get processed right now) - whereas someone from a different country (say Pakistan !!) with the same date is "current" and their app can be processed.

Like what serta said ... To be eligible for processing you need the following
(1) Your 485 RD should be past the "now processing" cutoff
AND
(2) The most important thing -> your PD should be past the cutoff (depends on country and EB category)

Hope that answers your question !

Thank you max . But what I was referring was among the applicants from same country. May be there are rare cases like that. Not sure why that happened with some.

I gave my biometrics today. I don't think I will get one more notice for FP as mine is code3. I saw on the form code3 as code1(ten-prints)+code2(biometrics)

As everyone here said what you said in 1) and 2), I will be hoping for not to get approved. And as sertra said, I will be worrying for approval after marriage.

People, pls keep giving any useful pointers you know. Thank you all.
 

max2k1

Registered Users (C)
raj33 said:
Thank you max . But what I was referring was among the applicants from same country. May be there are rare cases like that. Not sure why that happened with some.

I gave my biometrics today. I don't think I will get one more notice for FP as mine is code3. I saw on the form code3 as code1(ten-prints)+code2(biometrics)

As everyone here said what you said in 1) and 2), I will be hoping for not to get approved. And as sertra said, I will be worrying for approval after marriage.

People, pls keep giving any useful pointers you know. Thank you all.
Since this past October, I have not heard of a retrogressed case getting approved out of line.
Forget the borderline cases - as their visa number could have been requested before the retro kicked in - no case that is solidly retrogressed has "slipped thru the cracks"

So I guess you'll start worrying only after your marriage -- for sure come back to this thread and amuse yourself in a few years time !!! :D
 

thukralrk

Registered Users (C)
Raj,

Its good that you went ahead with your Biometrics. GC process is one which you do not want to disturb at any cost. Now for your wife you could go to India get married in court and with the marriage certificate attach her papers with your application. I think this might delay your case but you will have both cases approved at the same time. Otherwise, the another idea would be to take an appointment for visitor's visa and at court for marriage for around the time when you're getting married. You can bring your wife here on the visitor's visa and immediately file for her GC in Follow to Join category. You can consult your attorney to find out how can she stay here for over 6 months period as allowed for visitor visas.

Thanks
 
Top