Please advise - I485 approved, BUT

P

patram

Registered Users (C)
My friends I485 got approoved now. His wife came to US on H4 status. He could not file her I485, as the priority dates were not available at/after her coming to US.

Question:
1.what is her status now and your advise/suggestions please.

anyone in this kind of situation, please send message.

Thanks
 
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patram said:
My friends I485 got approoved now. His wife came to US on H4 status. He could not file her I485, as the priority dates were not available at/after her coming to US.

Question:
1.what is her status now and your advise/suggestions please.

Sad to know about your friend. Her H4 status might go invalid. Better, check with Lawyer.

anyone in this kind of situation, please send message.

Thanks
Click to expand...
 
Marriage prior to primary applicants approval

Hi,

Your friend can apply for I 485 for his spouse irrespective of the fact that there are no visa numbers available. The marriage should have taken place prior to the main applicants I-485 approval.

As far as her H-4 status is concerned that is gone.

I recommend filing for I-485/EAD/AP for the spouse ASAP


PS: I am no lawyer, also if a reputed lawyer gives him the same advice as I did get in touch with me and I could help fill out his forms (no charge) since I did a similar drill for my wife and she does have the EAD now.

let me know good luck
 
Where did you hear this.... ?

This issue has been raised many times in this forum and as far as I know, she needs to wait for visa number.

jp356 said:
Hi,

Your friend can apply for I 485 for his spouse irrespective of the fact that there are no visa numbers available. The marriage should have taken place prior to the main applicants I-485 approval.

As far as her H-4 status is concerned that is gone.

I recommend filing for I-485/EAD/AP for the spouse ASAP


PS: I am no lawyer, also if a reputed lawyer gives him the same advice as I did get in touch with me and I could help fill out his forms (no charge) since I did a similar drill for my wife and she does have the EAD now.

let me know good luck
Click to expand...
 
usnycus said:
Where did you hear this.... ?

This issue has been raised many times in this forum and as far as I know, she needs to wait for visa number.
Click to expand...

Not necessary. If your I-485 was already filed, Dependents(Spouse, and children) can file even the visa number is not available. I filed to my son like that in May 2005(EB3 -- India was already retrogressed to January 2002 in January 2005). No visa number was available by the time I filed for my son because my PD is in 2003. He got I-485 receipt number, and also AP approved after couple of months. Check with your lawyer.
 
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But looks like your case is still pending. And, look at the original question, case is approved.

If it's true, that a good news for many.

sree1965 said:
Not necessary. If your I-485 was already filed, Dependents(Spouse, and children) can file even the visa number is not available. I filed to my son like that in May 2005(EB3 -- India was already retrogressed to January 2002 in January 2005). No visa number was available by the time I filed for my son because my PD is in 2003. He got I-485 receipt number, and also AP approved after couple of months. Check with your lawyer.
Click to expand...
 
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Also, check following question posted @ immigration-law.com website:

(It's under "Visa Number Retrogression Q&A Link")

Q3: I have already filed I-485 application but my spouse is outside of the U.S. and has yet to arrive and is scheduled to arrive here on September 30, 2005. Can my spouse submit his/her I-485 after he/she arrives?
A: No. At the time I-485 is received by the Service Centers, a visa number must be available. Since the chances are that his/her I-485 application may not be delivered to the Service Centers before the end of the date of September 30, 2005, he/she will not be able to file the application and must wait until the visa number becomes available again in the future.

Q: Can the family members stay and wait in the U.S. after their status expired while they wait for the visa number?
A: No, unless they have a valid status of their own, they are not allowed to remain in the U.S.
 
usnycus said:
Also, check following question posted @ immigration-law.com website:

(It's under "Visa Number Retrogression Q&A Link")

Q3: I have already filed I-485 application but my spouse is outside of the U.S. and has yet to arrive and is scheduled to arrive here on September 30, 2005. Can my spouse submit his/her I-485 after he/she arrives?
A: No. At the time I-485 is received by the Service Centers, a visa number must be available. Since the chances are that his/her I-485 application may not be delivered to the Service Centers before the end of the date of September 30, 2005, he/she will not be able to file the application and must wait until the visa number becomes available again in the future.

Q: Can the family members stay and wait in the U.S. after their status expired while they wait for the visa number?
A: No, unless they have a valid status of their own, they are not allowed to remain in the U.S.
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See the Q3 Said ... his/her I-485 is filed[Not yet approved]. Spouse should be added. My point is his I-485 is not approved and still pending like mine. Still the answer is "NO". May be there is a difference between "Spouse" & "Minor Children". I don't know. In my case it was possible in May 2005(My priority date was far beyond the Processing PD). As far as my lawyer, she told that we can file it, and we got I-485 Receipt & Approved AP successfully.
 
GURUS and EXPERTS

Gurus and Experts whose I485 is approved/pending ---Please advise on this situation.. Thanks
 
See Inline ...

patram said:
My friends I485 got approoved now. His wife came to US on H4 status. He could not file her I485, as the priority dates were not available at/after her coming to US.

Question:
1.what is her status now and your advise/suggestions please.
... She needs to leave US (unless she is eligible for any other visa category) and file as a FTJ when visa numbers are available again. In the mean time your friend can file I-824 and start FTJ process. Check following link, it has a lot of information on FTJ process:

http://boards.immigrationportal.com/showthread.php?t=96693




anyone in this kind of situation, please send message.

Thanks
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YOUR FRIEND NEED TO SEEK AN ADVISE OF AN EXPERT ATTORNEY IMMEDIATELY.

OTHERWISE YOUR FRIENDS WIFE MAY BE BARRED TO ENTER US FOR 3 YEARS Because of accuring staying in US without visa status, H4 is gone now because of approval of friend's I-485 approval.
 
guys guys from what i understand being here for so long is that if the i485 is not approved you can add your spouce name on it, you dont have to file a new 485 , yes it could be true that uscis would not acept any application till the priority date is current, but as in case of 485 not approved you should be able to add her/his name to you application, hope i am right
 
Thank you

Thanks Gurus,
I will forward all the experts comments to my friends family.

Thanks a lot.
 
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