Pending spouse case...Cross-Chargeability..APPROVED!!!

S

skp19722003

Registered Users (C)
I just got the email and my spouse case got approved after 31 month primary got approved!!!

Just 2 hours back only I happened to this page at uscis site: http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#2
As my wife was preparing DHS-7001 form, I saw the approval email.

PD: 09/2002
EB3 - India
Applied and got 5th AP for her last week (USCIS took only 12 days for the AP!!).
Primary got approved: 07/2007
Spouse got approved TODAY!

Thanks to ginnu.

On February 16, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.
 
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Congratulations SKP, I can imagine how much reilief it has brought tovyou..

I have a question, your PD is 09/2002 EB3 INDIA and it is not current now, how could they approve 485 when PD is not current.

My wife GC got approved a week ago and her PD is 10/2001/EB3 - it is a follow to join application, we filed her application after my GC approval in July 2007. My understanding is, 485 can not be adjudicated when PD is not current. Correct me if I'm wrong.
 
Thanks. That's what I had mentioned "Cross-Chargeability". She was born in non-retro country and visa numbers allocated based on country of birth. My lawyer requested uscis to use non-retro country visa number instead of India. She fell under EB3-ROW not EB3-India.

desi_ka_gc said:
Congratulations SKP, I can imagine how much reilief it has brought tovyou..

I have a question, your PD is 09/2002 EB3 INDIA and it is not current now, how could they approve 485 when PD is not current.

My wife GC got approved a week ago and her PD is 10/2001/EB3 - it is a follow to join application, we filed her application after my GC approval in July 2007. My understanding is, 485 can not be adjudicated when PD is not current. Correct me if I'm wrong.
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skp19722003 said:
I just got the email and my spouse case got approved after 31 month primary got approved!!!

Just 2 hours back only I happened to this page at uscis site: http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#2
As my wife was preparing DHS-7001 form, I saw the approval email.

PD: 09/2002
EB3 - India
Applied and got 5th AP for her last week (USCIS took only 12 days for the AP!!).
Primary got approved: 07/2007
Spouse got approved TODAY!

Thanks to ginnu.

On February 16, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.
Click to expand...

Congratulations!!!
 
GINNU,

My 485 got approved in july 2007. But wife's I485 approval is pending since July 2007. We tried infopass inquiries & service requests but of no use. Please let me know if there is a way we can expidite the process for approval or we need to wait till EB3 becomes current for her case to be approved. She was born in India too.


PD: June 2003 (EB3 INDIA )
I-485 filed: June 2004 Approved: July 2007
 
did you check this site? http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#2

Quest4GC$ said:
GINNU,

My 485 got approved in july 2007. But wife's I485 approval is pending since July 2007. We tried infopass inquiries & service requests but of no use. Please let me know if there is a way we can expidite the process for approval or we need to wait till EB3 becomes current for her case to be approved. She was born in India too.


PD: June 2003 (EB3 INDIA )
I-485 filed: June 2004 Approved: July 2007
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Quest4GC$ said:
GINNU,

My 485 got approved in july 2007. But wife's I485 approval is pending since July 2007. We tried infopass inquiries & service requests but of no use. Please let me know if there is a way we can expidite the process for approval or we need to wait till EB3 becomes current for her case to be approved. She was born in India too.


PD: June 2003 (EB3 INDIA )
I-485 filed: June 2004 Approved: July 2007
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do you mean primary I-485 got approved and derivative spouse I-485 is still pending?
Did you both file I-485 same time.
When your wife went to llocal USCIS with infopass what info they gave.
did they reply to service requests? what reply they give you?
what you or your wife have done for the problem wife I-485? what your lawyer have done? did you go to your Setator office or congressman office?
what reply you got in past from service center or anybody. did she contact CIS Ombudsman?
 
Quest4GC$ said:
GINNU,

My 485 got approved in july 2007. But wife's I485 approval is pending since July 2007. We tried infopass inquiries & service requests but of no use. Please let me know if there is a way we can expidite the process for approval or we need to wait till EB3 becomes current for her case to be approved. She was born in India too.
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Her case cannot be approved now, because she was born in India and EB3 India is not current for your priority date. Actually not even EB3 ROW is current for your 2003 PD. PD must be current for approval to happen.

The OP's case is different, because his wife was born outside India and would be categorized as EB3 ROW, and his priority date was early enough to make it current.

If her I-485 is still pending when you become eligible for citizenship, be aware that her I-485 will be denied after you get citizenship, because you have to remain a permanent resident to keep her derivative I-485 alive*. So be prepared to file I-130 and I-485 for her immediately after you get citizenship.


*there was another case last year on this forum where this lady's daughter's derivative I-485 was still pending when she (the primary GC applicant) got citizenship, and the I-485 was denied as a result of her naturalization. MTR was denied, and I think now she is appealing it in court.
 
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Wahtever "Jackolantern" is right. Recently, I took infopass. appt. in Dallas immigration office and that officer mentioned that irrespective of country of chargeability they are supposed to approve derivative's 485 when they approve primary 485. Try contacting CIS Ombudsman. Give a shot! I am sure the case already got pre-adjudicated.
 
GINNU, Thanks for your reply. Yeah, itz a situation where primary I-485 got approved and spouse I-485 is still pending.
We got the same reply from Infopass visits and Service Center requests "PD is not current so cannot allocate Visa Numbers".
CIS Ombudsman request replied back saying visa numbers are not availabe so can't approve the 485 case as of now until it becomes current.
We did not get any reply from congressman office for our request. Even our attorney also wanted us to wait till visa numbers become available.
 
forgot to mention, yes, We both filed I-485 at same time.

Is there any alternative instead of waiting for the visa numbers to become available?
 
skp19722003 said:
Wahtever "Jackolantern" is right. Recently, I took infopass. appt. in Dallas immigration office and that officer mentioned that irrespective of country of chargeability they are supposed to approve derivative's 485 when they approve primary 485.
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They should have approved the derivative and primary at close to the same time, but the fact that they failed to do that doesn't mean they can or will approve the derivative when the PD is not current any more. Quest4GC$'s wife has to wait until his PD becomes current again.
 
Quest4GC$ said:
Thanks for the reply JackoLantern.

I know I can't apply for citizenship before my wife's I-485 is approved.
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You don't need to delay your citizenship application if your wife's I-485 is still pending; you just need to file I-130 and a new I-485 based on marriage right after you obtain citizenship. You only need to delay your citizenship application if you have children with pending derivative I-485's and any of those children turned 21 while waiting on their I-485.
 
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