Please help.

[quail]

I am on AOS, and expects to get approved in next several months.

Right now I am also planning to get married. If I add my spouse into my case, do I need to apply for I-140 then I-485 for my spouse or just I-485 itself? Thanks for input.

Labor PD: Feb, 2002, EB3 RIR
I-140: RD/ND June 2003, AD: Oct 2003
I-485: RD/ND June 2003, FP: May 2004, AD: ???

 

[TheRealCanadian]

Right now I am also planning to get married. If I add my spouse into my case, do I need to apply for I-140 then I-485 for my spouse or just I-485 itself?

Just the I-485 once she is in the US. Make sure, no matter what, that you are married before your I-485 is approved.

 

[ulhas]

Just 485 since your I-140 is already approved. But check with experience person.

 

[quail]

Thank you!!!

I really appreciate both of you for the help!!! Wish you all best.

 

[voldemarv]

Labor PD: Feb, 2002, EB3 RIR

If you are from retrogression affected countries you couldn't file application for your wife now.

 

[voldemarv]

Another issue. If your wife is not in US and you don't have valid H1 then how can you bring her to US?

 

[quail]

Thanks you.

Thank you for message.

My wife is in US now and she is not from country affected by retrogression, even though I am. Thanks again.

 

[voldemarv]

No problem. Don't delay filing. NSC is actively working on June 2003 cases.

 

[TheRealCanadian]

My wife is in US now and she is not from country affected by retrogression, even though I am. Thanks again.

We have a winner!

Under cross-chargeability, you are no longer subject to retrogression. When you file your wife's I-485, ask that it be linked to yours and INSIST that you be considered chargeable under your wife's country of birth.