My I-485 approved on 24th April. Wife's I-485 not filed yet - Question related to it.

A

arrakis

New Member
Hi,

I just got an approval and card production email on 24th of April, 2008! I'm EB-3 India (Priority Date: Sept-2001).

Since the date just became current this month, I was unable to file my wife's I-485 - and who knew that I'd get the GC so quickly after the date becoming current!

Since we got married last year, while my I-485 was still pending, can I file for her I-485 as if it's a part of my original application? or do I have to file it under the family category? Can I also file for her EAD/AP as well?

Please advise.

Regards.
 
Yep, you can just file for I-485 for your wife under the EB category, next month...tons of folks did that in July last year...
 
arrakis

is she in US or in india and what her visa status?

I would suggest pl. take a advice from lawyer about filing for I-485 for your wife.

Good Luck
dice12
 
arrakis said:
Hi,

I just got an approval and card production email on 24th of April, 2008! I'm EB-3 India (Priority Date: Sept-2001).

Since the date just became current this month, I was unable to file my wife's I-485 - and who knew that I'd get the GC so quickly after the date becoming current!

Since we got married last year, while my I-485 was still pending, can I file for her I-485 as if it's a part of my original application? or do I have to file it under the family category? Can I also file for her EAD/AP as well?

Please advise.

Regards.
Click to expand...

Since your 485 is already approved, I don't think you can file under EB quota any more. I hope I'm wrong.
 
You should have filed it on day 1 when your PD became current, keeping all documentation ready when you got married last year. Now, suffer for five more years based on Family Based GC. I hope she atleast has H1 or L1 so she does not need to go back to her country. She can't have her H-4 status if your H-1 status is adjusted.
 
arrakis said:
Hi,

who knew that I'd get the GC so quickly after the date becoming current!
Click to expand...

This is one act of laziness (either on your part or that of your company/attorney) that you will regret heavily, I'm sorry to say.

After your approval, she will fall into the family quota and not the EB quota and it'll be a long road. The best thing is to either get her an H1 visa, if she's qualified, or get her to go to school on an F1, if you guys don't want to be separated for the 5-6 yrs that it'll take her to get the GC.
 
nj_skm said:
This is one act of laziness (either on your part or that of your company/attorney) that you will regret heavily, I'm sorry to say.

After your approval, she will fall into the family quota and not the EB quota and it'll be a long road. The best thing is to either get her an H1 visa, if she's qualified, or get her to go to school on an F1, if you guys don't want to be separated for the 5-6 yrs that it'll take her to get the GC.
Click to expand...

I think it is not true. I believe she has to file I-824 follow to join.

She would fall FB category if they getting married after his approval of I-485.
 
sfmars said:
I think it is not true. I believe she has to file I-824 follow to join.

She would fall FB category if they getting married after his approval of I-485.
Click to expand...

That's good to hear. I'm not sure about the FB quota and sfmars is a long time advisor on this forum.

I hope he's right.
 
She can use follow-to-joint but she can only for for adjustment of status if she is already in the US in some valid status. Otherwise she has to do consular processing.
 
You must log in or register to reply here.
Top