Mathi Ramachandran; Waiting Crusader; MJose; RK2 - Please start discussion about filing 485 for wife

R

ramkison

Registered Users (C)
All:

Please write your advice and experience in detail about what to do in the following situation:

Filing I485 while primary applicant is in Single Status and Sending I485 Appl. for wife
seperately after marriage.

What happends, when the Primary Applicant\'s I485 gets approved before he send\'s the
I485 application - I mean, PD becomes current in June and getting approval in May 7th
and sending I485 application for wife on May 14th BUT Passport is not yet stamped for
Primary Applicant.
In my case, I filed my I485 in Oct. 1999 , PD is 03/1998 - got approval on May 7th ..
sent I485 application for wife on May 14th .. waiting to get receipt yet ..
Due to delay in sending I485 receipt, getting tension on this ..

I believe, lot of people are getting into same situation because of the little time between
approval and applying for wife\'s I485 - need to find a How INS is acting on this kind of
situations ..
Please write all your experiences, RFE\'s and Lawyer inputs ..
Thank You in Advance.
Ramkison.
 
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Please reply from all who got the great experiences on this situation .. please help to help others too.
Thanks
Ramkison.
 
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Hi,
I know of a case where the marriage date was prior to the primary\'s I485 approval, and the derivative\'s was filed after the primary\'s approval and stamping. INS accepted the 485 application, and sent a receipt notice. It is believed that INS wouldn\'t accept an application unless it is valid since a receipt and processing time at INS is a valid status to be in, for some one. The speculation is that if the date of marriage is before the primary\'s i485 approval date then that is acceptable to INS. If you have a complicated situation, don\'t be in the dark, please don\'t hesitate to shell out a few hundred $s to at least a couple of well known attorneys for consultation, as some of these \'marriage & 485\' items may fall under INS discretion and interpretation of law, use a persuasive attorney to get your job done @ INS.

Thank You & Good Luck!
 
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I completely agree with waiting crusader\'s views.

Situtation 1: As long as you have proof that you got married before your I-485 is approved, there is no problem. Even if your case is approved, you can still file for your wife\'s I-485.

Situtation 2: The story is totally different, if you get married after your I-485 approval date. You can still file for her, but there is a totally different waiting line for such cases. It sometimes spans to couple of years. I am not well versed with this kind of case though (situation 2). It is always beter to consult an attorney if someone gets in to this kind of situation
 
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I got married after I filed for 485. But I got married before my approval happened. In fact I got married before my finger printing was done.

Before I applied for my wife\'s 485 , I did my finger printing and I applied for my wife.

I got my approval.
My wife got receipt notice for 485, got her EAD and AP.She is still waiting.

I dont know , whether you can apply for your wife after you get your approval notice. I dont want to throw some thing which I dont know .

I have shared my experience. Please consult some attorney\'s before you take the final decision.
 
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