Marriage and I-485 problem -- Please help

A

anilmani

Registered Users (C)
My story – will try to make it short.

Came here in 1999 on H1 with wife on H4, got LC approved in 2001, I-140 approved in 2005. I-485 for both pending since Dec 2004 with CSC
Marriage problem and separation. Wife moved out as soon as she got a job on EAD.
Did two FP so far, CIS still sending wife’s mail on my address, apparently she never called and changed the address. I didn’t bother to call her and let her know about the letter, we don’t talk anymore so who cares.

My email enquiry with CSC – Name Check and Security Check cleared, VISA is available and all is ok with my case. There was a minor RFE for both of our I-485, I replied mine, and she didn’t as I did not call her to let her know about the RFE.

I waited another six month and did another enquiry, after a week, I received another FP notice for my wife. Looks like they are waiting for her FP to be completed, before approving/rejecting my I-485

Is this true? I am the primary applicant and this is Employment Based (Eb-2) case, why can’t they just approve my case? Do I have to call my wife and ask her to go for FP in order to get my 485 approved?

She did not go for the two FP, never replied to the RFE on the I-485. I think, by now they should just consider her case abandoned and deny it.
But instead CIS sent another FP notice in response to my enquiry.

Any idea what is going on?

Please suggest.

Thanks
 
anilmani said:
My story – will try to make it short.

Came here in 1999 on H1 with wife on H4, got LC approved in 2001, I-140 approved in 2005. I-485 for both pending since Dec 2004 with CSC
Marriage problem and separation. Wife moved out as soon as she got a job on EAD.
Did two FP so far, CIS still sending wife’s mail on my address, apparently she never called and changed the address. I didn’t bother to call her and let her know about the letter, we don’t talk anymore so who cares.

My email enquiry with CSC – Name Check and Security Check cleared, VISA is available and all is ok with my case. There was a minor RFE for both of our I-485, I replied mine, and she didn’t as I did not call her to let her know about the RFE.

I waited another six month and did another enquiry, after a week, I received another FP notice for my wife. Looks like they are waiting for her FP to be completed, before approving/rejecting my I-485

Is this true? I am the primary applicant and this is Employment Based (Eb-2) case, why can’t they just approve my case? Do I have to call my wife and ask her to go for FP in order to get my 485 approved?

She did not go for the two FP, never replied to the RFE on the I-485. I think, by now they should just consider her case abandoned and deny it.
But instead CIS sent another FP notice in response to my enquiry.

Any idea what is going on?

Please suggest.

Thanks
Click to expand...
In this situation, I think principal applicant must inform to the USCIS. On the file she is still there as your dependent. It is better to consider a meeting with lawyer and indirect communication with EX/her as a token of responsibility.
 
anilmani said:
My story – will try to make it short.

Came here in 1999 on H1 with wife on H4, got LC approved in 2001, I-140 approved in 2005. I-485 for both pending since Dec 2004 with CSC
Marriage problem and separation. Wife moved out as soon as she got a job on EAD.
Did two FP so far, CIS still sending wife’s mail on my address, apparently she never called and changed the address. I didn’t bother to call her and let her know about the letter, we don’t talk anymore so who cares.

My email enquiry with CSC – Name Check and Security Check cleared, VISA is available and all is ok with my case. There was a minor RFE for both of our I-485, I replied mine, and she didn’t as I did not call her to let her know about the RFE.

I waited another six month and did another enquiry, after a week, I received another FP notice for my wife. Looks like they are waiting for her FP to be completed, before approving/rejecting my I-485

Is this true? I am the primary applicant and this is Employment Based (Eb-2) case, why can’t they just approve my case? Do I have to call my wife and ask her to go for FP in order to get my 485 approved?

She did not go for the two FP, never replied to the RFE on the I-485. I think, by now they should just consider her case abandoned and deny it.
But instead CIS sent another FP notice in response to my enquiry.

Any idea what is going on?

Please suggest.

Thanks
Click to expand...

Did you get Divorce?
 
nope, just seperation.
actually I didn't even want that and was willing to compromise, but apparently she is one of those women..I don't want to mention.
She has two cousin sisters who are divorced, i guess it is a family thing.

anyways,
why would prinicipal's application get screwed coz of dependent?

I have seen cases where the primary gets aproved and get his/her GC, even though the dependent has it's name check pending and in some cases get denied too.



tammy2 said:
Did you get Divorce?
Click to expand...
 
I don't know how CIS treats such cases as yours (other guys will fill us in I believe), and I have no idea if prinicipal's application can get screwed due to his/her dependent.

But I agree with assur. Technically, it is you who have her as your dependent in your application, and the assumption under which CIS operates there is your marriage is valid. If it's no longer the case, then I think you need to get things straight with her and report to CIS, or maintain your legal marriage until the day of approval, depending on what you guys decide in your discussion (in the latter case, I would be a bit worried how her having missed those appointments/having failed to respond to the RFE's might possibly affect you, because that could be taken by them as an indication your marriage is no longer real but you simply do not report to them).

Anyway, talk to your attorney and communicate (directly or indirectly) with her and get a clear idea how you guys want to proceed...
 
I-485 denied

Hi guys , i filled my 1-485 2 years ago . i jusdt recieved a letter infb 2006 to do my fp on 7th march 2006 . i was there for the fp . Then on 8th march 2006 i received another notice to do my fp on the 15th of march 2006. i was there again but was told it was a mistake . the stamped my appointement letter to show i was presented . we waited to recieve the interview letter which never came . we did all the follow ups and was told we will recieve it soon . On 12 may 2006 we recieve a notice from uscis . we were so happy that finally the interview apppointment was here . we opened it to our suprise the letter said our application had been denied and my EAD has been revoked since we were scheduled for an interview on 16th March and did not show up . With our disappoinment we filed for motion to re-open on june 8th 2006 . We again recieved a notice that the case can not be re-opned . i did an info pass and went over to talk to an officer yesterday who told me they had requested for my A-file and were waiting for it to determine if they will open the case . i showed him the noticed we recieved a week ago which said final decsion . i asked if he can provide s'thing in writing to prove they still working on the case . he said no . so now i want to refile since i have been jobless for 6months . can anyone tell me if filing another I-130 and 1-485 can have the previous one stopped incase its still been process or anything tha i can do abouth this situation . Thank you .
 
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