Latest time a spouse can be added to a 485 app?

[doesitmatter]

Can someone comment on the latest time in the 485 process a spouse can be added to the primary applicant? My PD is current and my I-140 has been applied. I am still single and wanted to know the latest stage a I-140/I-485 can be filed for a spouse when the primary applicants I-485 is still pending.

Thanks!

 

[pcc]

At a minimum you need to be married before the I485 is approved.

If in doubt about timing it's worth a quick trip to the registery office as some I485's are being approved very quickly.

 

[doesitmatter]

Thanks pcc. It seems like yours went thro at a good speed. Congratulations to you and your spouse.

 

[_cheetah_]

a follow up question on this ...

I got married after my I-485 was filed, but still continuing on my H1B since my spouse is with me on H-4. Right now my priority date being current is a long way.

Is there anything I have to do to notify, INS informing that im married and there is a dependant to be added to my application?

Also if by any chance my spouse gets a H1B, what is the procedure to add her as my dependant once priority data is current

does anyone has any ideas ? thanks a lot.

 

[TheRealCanadian]

Is there anything I have to do to notify, INS informing that im married and there is a dependant to be added to my application? Also if by any chance my spouse gets a H1B, what is the procedure to add her as my dependant once priority data is current

You don't "add your spouse as a dependent". She needs to file her own I-485.

 

[wbd]

Was your wife's name on your I-140? I am not sure if that would make a difference or not.

 

[TheRealCanadian]

Was your wife's name on your I-140? I am not sure if that would make a difference or not.

It won't. The most critical thing is that the marriage exists when the principal applicant becomes a Permanent Resident.

 

[saigc]

Can someone comment on the latest time in the 485 process a spouse can be added to the primary applicant? My PD is current and my I-140 has been applied. I am still single and wanted to know the latest stage a I-140/I-485 can be filed for a spouse when the primary applicants I-485 is still pending.

Thanks!

i140 is only for primary applicant - not for spouse or dependent(s).

all the following conditions should be satisfied to add your wife to your greencard process:
1. you should have been married prior your i485 is approved
2. your wife should file her i485 prior your i485 is approved (uscis should recieve the petition by that date)

 

[tammy2]

your wife should file her i485 prior your i485 is approved (uscis should recieve the petition by that date)

Not necessarily. Spouse can be on an independent status like H1 or L1. or Apply FTJ if not US.

 

[saigc]

Not necessarily. Spouse can be on an independent status like H1 or L1. or Apply FTJ if not US.

what are you trying to say. i guess you are trying to answer how his wife can file i485 apart from using his pending petition.

thread originator's question is when he can add spouse to "his" greencard process.

 

[TheRealCanadian]

what are you trying to say. i guess you are trying to answer how his wife can file i485 apart from using his pending petition.

What tammy2 is correctly pointing out is that the derivate spouse can legally file the I-485 after the primary is approved, without any issues.

All that matters is that they are legally married before the pirmary applicant becomes a permanent resident.

 

[saigc]

What tammy2 is correctly pointing out is that the derivate spouse can legally file the I-485 after the primary is approved, without any issues.

All that matters is that they are legally married before the pirmary applicant becomes a permanent resident.

i think there is a serious confusion.

based on your resonse why should it matter whether they are legally married before the primary applicant is approved when you and tammy argue that they can stay in independent visa and they can file i485 EVEN AFTER primary approved?

when you say derivative spouse then it means he/she depends on his/her spouse "pending" greencard process.

inorder to file i485 "based on spouse pending petition" you need to file prior the primary is approved. if the wife maintains other independent status then she can file i485 using his/her own green card OR file i485 based on pending spouse green card process (follow to join) OR she should file under family immigrant visa category after spouse green card process is approved.

hope i am clear. let me know if you want to explain further.

 

[TheRealCanadian]

based on your resonse why should it matter whether they are legally married before the primary applicant is approved when you and tammy argue that they can stay in independent visa and they can file i485 EVEN AFTER primary approved?

They need to maintain valid status only to preserve their eligibility to file the I-485; otherwise they need to do CP.

inorder to file i485 "based on spouse pending petition" you need to file prior the primary is approved.

Not at all. So long as you are legally eligible for file an I-485 (maintaining valid non-immigrant status) you can file a derivate I-485 FIVE YEARS after the primary was approved, so long as you were married at the time.

she should file under family immigrant visa category after spouse green card process is approved. hope i am clear. let me know if you want to explain further.

Please don't. The spouse should NOT apply under FB2 if he or she was married to the primary applicant at the time permanent residency was granted.

 

[saigc]

They need to maintain valid status only to preserve their eligibility to file the I-485; otherwise they need to do CP.



Not at all. So long as you are legally eligible for file an I-485 (maintaining valid non-immigrant status) you can file a derivate I-485 FIVE YEARS after the primary was approved, so long as you were married at the time.



Please don't. The spouse should NOT apply under FB2 if he or she was married to the primary applicant at the time permanent residency was granted.

last note:

we are arguing about different context.

thread initiator wish to know the last date he can add his wife to "his pending" greencard process (follow to join process).

 

[doesitmatter]

Thanks guys for the responses. Let me explain my specific circumstance...

If I get married say in Feb'07, wife is outside US, and I apply for 485 in Jun'06....

1. It is clear to me that if I get my wife here in H4, I can apply 485 if it is not approved by then.

2. What happens when I get my wife here in H4, but my 485 is approved before I can add her but approval date is after marriage?

3. What happens if I get married but 485 is approved even before H4 is applied for but after marraige date...I guess this is the FTJ process...

How long does it take to get a spouse to the US on FTJ for an Indian national after we get the FTJ process initiated? Is there any risk here?

I assume that a spouse can be added to the FTJ process, as long as evidence of marriage [photos, marriage docs etc] is presented, even after 485 is approved, indicating marriage took place before 485 approval...Is that correct?

Thanks!

 

[dinks2006]

Another related question

If applying after the spouse's green card is approved, does the primary have to work with the same employer until the spouse gets the green card?

Will the "intent" be questioned if the primary changes jobs after 1 year?

Thanks
dink

 

[TheRealCanadian]

If applying after the spouse's green card is approved, does the primary have to work with the same employer until the spouse gets the green card?

No. The spouse is not tied to the employer in any way.

Will the "intent" be questioned if the primary changes jobs after 1 year?

Wether the spouse's derivative GC is pending or not makes no different.

 

[alex904]

So what's the bottom line? Is being married before I-485 enough to get a spouse to join approved application? Or she/he needs to apply for her own I-485 before an approval of primary application? Anybody has any links to laws, FAQ's and memos on this matter?

And another related question. Is it possible to revoke I-485 without affecting appoved I-140? It may sound stupid, but in my situation it's cheaper and safer way to keep marriage and sleep well at nights.

 

[TheRealCanadian]

So what's the bottom line? Is being married before I-485 enough to get a spouse to join approved application? Or she/he needs to apply for her own I-485 before an approval of primary application?

Read the thread again. The marriage needs to happen before the primary applicant becomes a Permanent Resident.

And another related question. Is it possible to revoke I-485 without affecting appoved I-140? It may sound stupid, but in my situation it's cheaper and safer way to keep marriage and sleep well at nights.

Sure. The I-485 is your app, not the employers. Why would you want to?

 

[alex904]

Read the thread again. The marriage needs to happen before the primary applicant becomes a Permanent Resident.

Well, some people in this thread stated that spouse is supposed to file her/his I-485 before primary application is approved. It's actually not quite true as I found out from conversation with my lawyer.

Sure. The I-485 is your app, not the employers. Why would you want to?

It's probably hard to understand when your spouse is canadian and can enter US as guest or on TN1 visa.

Say, you marry somebody and she/he fails to enter US before your I-485 is approved. H4 gets anulled automatically and spouse will have to apply for FTJ (Family To Join?). It takes 6-9 months depending on country.

And of course, worst scenario: You get married after I-485 is approved.

Personally, I don't want to have bad dreams and shaky hands every day checking e-mail notifications and mail. It sounds strange but I have to postpone GC.

4 months of slavary and filing everything over. Did I say I love bureaucracy and immigration laws.