Please Answer me

H

Hellohi

Registered Users (C)
Hello,
  I am now in H4 status.
My Husband has filed his I485 2 years before and his Priority Date is going to be current from JUNE 1,2001.
The Problem is he filed I485 for me on APRIL 11,2001.
Only after few days of filing we came to know that a husband can file I485 for his wife only if his priority date is current.(is that true???)
So we thought that INS will return our documents,so that on JUNE 1,2001 we can refile it.
But until today we haven\'t got any news from INS?????
And Tomorrow is JUNE 1.
What to do????????????
 
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I am reposting my earlier posting....!
I dont think your situation is a problem. You can add your spouse to the original application even when the PD is not current, as long as INS has not approved/denied the original 485 application. I did it and INS called my spouse for FP in March. I had applied for 485 in Mar 2000, just 3 days before it retrogressed. I got married in May00 and added my spouse sometime in August. My PD is 06/1999 which is still not current. I am EB3 India waiting for PD to become current and the approval. Hope this helps.
 
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For adding yr spouse , Did you file seperate I-485 for her

with your I-485 Receipts . Please reply it if you can.

What is the way to include the spouse after filing I-485 Please ..
 
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Hi R Rose,

Is it possible to file two 485\'s I mean I can file one, in which I can add my wife and my wife file one in which she can add me.

How this works, we have filed one and our case is transfred to local INS I am scared so shall I file another one now. Or what to do. Please reply
Nick
 
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My feeling is, it is possible for your spouse to file another 485 with you as a dependent even though you have a 485 pending with your spouse as a dependent. Whether doing so is useful, depends on each situation. If one of the applications was submitted at a very early date and if you have done FP and all..then it may well be worth to wait for the decision on it and then decide if you need to apply the second one. Even in a transfer case, they will call you for interview, i think no later than like 14 months from ND.
 In any case it is worthwhile to keep the second 485 option open, with a valid 140, so that you can use it if needed. Also, if dates are current, you can even think of CP for the second one and then once you get the GC, withdraw the first one.
 Please also try to talk to an Attorney about the possibility of the second 485 and the pros and cons of it; chances are they will not charge you because of the prospect for a case. Just my thoughts..
 
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rjose,
did you say you filed 485 application for your wife eventhough your PD was not current ?

which service center did u do it ?
how manay days before did you file your wife application before your PD became current ?

this will be very useful if u can give this info.

thanks
 
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Yes i filed my 485 application on Mar 27 2000, 3 days before it retrogressed for EB3 India. I got married in may 2000 and added my spouse sometime in August, when PD was not current for me..in fact it is not current yet..mine is 06/99. I did the FP first in Mar 01..and she got the FP notice in Apr01.
My service center is VSC. Hope this helps..!
 
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Hi R Rose,
Thanks for your suggestion, I am kind of confuse, as you mention in your early mail, that I should apply before getting approval or denial, I am responding in response to that, as my case is pending for interview, and the decission will be made approval or not, so I just want to be on safe side, My 140 is approved and its current so should I file I-485 or wait for the decission and then apply. If I get GC its good if not then what, even though I can apply after denial or not.

Please reply

Thanks
Nick
 
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Nick,
 I am confused abt your situation too. Let me make myself clear once again. If you have applied for 485 and have not added ur spouse, then you can add your spouse only before your 485 gets decided. If u add her later, there will be a big delay. For adding ur spouse to ur application, your PD need not be current.
 If both of you have already applied and are waiting for the interview, and if you want to put in another set of 485 applications, then your spouse needs to have the approved 140 and his/her PD needs to be current. My personal feeling is for you to wait for a decision. Be patient and you will get the approval. Evenif it gets rejected, then if your spouse still has 140 approved and her/his employer is ready to continue to offer the job, then he/she can apply 485 with you as a dependent, provided the first set of application was not rejected for any fraud or being out of status or anything.
 Remember, this is employment based petition and first time it was based on your employment and the second time it can be based on your spouse\'s employment.
 
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Thanks R Jose.

Keep In touch, do you have what kind of question they ask in Personel Interview, as my case has been transfered to Local Hartford Ct Office.
Thanks once again

Nick
 
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Nick,
 I really dont know what kind of questions to expect..but i think if you take all the relevant docs and if you have been legally in US, they really should not ask you anything other than just normal converastion. Also take your time and read thru the eralier postings for such cases(interview experiences) before u go for the interview..

Good luck ..!
 
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Thanks R Jose,
I will do that, do you have any idea, where can I get (interview experiences) Postings. etc.

Nick
 
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