out of status???

[jacquelina]

scenario

Spouse on H4 visa, derivative applicant.
I-94 and H4 visa expired, spouse has worked on EAD.
Primary gets approved- spouse still waiting.

what is spouse status. I have read several posts on here and a comment form my attorney which suggests that once primary is apporved then derivative is out of status- is this true.

Are any of the others waiting for spouse approvals in similar situation?

Do we have to wait 30 days from primary approval to launch derivative status check (my attorney said so)

 

[dinnu]

As long as your spouse's I-485 is pending he/she is in status.

 

[ND-July2002]

Call USINS

Your's is a case of "separation of files". You will be directly connected toan officer at TSC. You do not have to wait for 30 days.

 

[PrinceofJungle]

Spouse status is "Pending 485" and he/she is not out of status.

before spouse was on two boats, now is one boat,

Good thing is , as primary applicant is alredy approved spouse is immidiate relative and benificiaries of 'following to join' within U.S case. because marriage accident occured before approval of principal 485 approval



"How Do I Become a Lawful Permanent Resident While in the United States?"

http://uscis.gov/graphics/howdoi/legpermres.htm


and other faqs


---------------------- don't worry even.......!!!

http://uscis.gov/graphics/howdoi/LPReligibility.htm

Otherwise Eligible Immediate Relatives

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

worked without permission,


remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,


failed otherwise to maintain lawful status and with the proper immigration documentation, or


have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).


-------------------------


Good Luck

 

[MydreamUSA.]

I agree with others, she is not of "out of the status", pending AOS is her status.

 

[jacquelina]

thanks for the relies guys- My attorney has contacted us with these possible scenarios as they think primary will be approved soon - I was left confused by the comments in the email. This has clarified it and leaves me a little less scared for me.

now i just have to wait again.....