PD became current. What are my options?

Madboy

Registered Users (C)
PD became current. Spouse in India. What are my options?

Hi All

I am very happy that my PD became current for me which is a surprising gift. But the wierd problem is my spouse who is on H4 is currently in India for 3 month vacation. I don't want to miss this golden opportunity to apply for I-485 since it might retrogress again in the next month.

Should I ask her to come in June to apply for I-485 or wait up to 15th June to see if it goes back and if it goes back in July can I ask her to come in June end to apply for it?

Does she have any option to file there in India?

Thanks
 
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Let us say you decide to wait till June 15th to find out whether it is retrogressed from July 1st, after that in order to file 485 before end of June 30, some of the things you need to get done in time are:

- get ticket, and travel back to US
- get medical done
- get documentation from your company side
- send all of this to lawyer and have him filed.

You will have just 2 weeks, and probably 10 working days for all of these. Remember doctor's office, your company HR, and lawyer don't work on weekends, which is why I said you would have 10 days. If you consider this to be Golden opportunity then why wait?

About she applying in India, unless you opted for Consular Processing (CP) she won't be able to file in India. Even if you opted for CP, then you would have to go to India to do the filing.


Hi All

I am very happy that my PD became current for me which is a surprising gift. But the wierd problem is my spouse who is on H4 is currently in India for 3 month vacation. I don't want to miss this golden opportunity to apply for I-485 since it might retrogress again in the next month.

Should I ask her to come in June to apply for I-485 or wait up to 15th June to see if it goes back and if it goes back in July can I ask her to come in June end to apply for it?

Does she have any option to file there in India?

Thanks
 
What about the Medical? Do I need to have it before applying 485? Also if my lawyer sends these documents before June 30th (and July is retrogressed)should that be fine? (I mean FEDEX or UPS shipment)

Thanks
 
You should ask your wife to comeback to USA immediately.
you have to file medicals along with I-485. They dont do medicals in India. The medicals in india is only for CP option which are little different and USCIS wont accept those for I-485. But medicals will not take long time. mine were done in 2 days.

The Pd's might be retrogressed back soon within couple of months.
This is golden opportunity. Do not miss it.
 
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