Primarry Approved, but Spouse stuck in Retro...options??

sertra2002

Registered Users (C)
Hi,

I was approved in EB3 category on June 2005. I got lucky and escaped the Retro just on the nick of time..but not my spouse. She was not approved and the PD's are now back to 01/1998 for EB3 INDIA, as we all know..or should know. Considering this I was exploring the options to get her GC quicker.

Whereas I hope for everyones sake some law is passed and there is Releif, but just in case there is none, the current scenario suggests she will get her GC in the next 4-5 years ! (my PD was 03/2002). So bottomline is I am considering filing for her in the Family based category, since I am a LPR and can file a I-130 for her. The visa PD there is 01DEC01. So hypothetically if I file I-130 tomorrow, her PD will be 11/01/2005. Which is slightly better than the EB scenario.

Now to the questions ! First, is there any complication or issue that I should be aware of before filing a I-130 for her ? Secondly is this feasable, I would think so, what do u thonk ? Last, do you think it could be worth it ?
 
Sertra2002 ,

Maybe my case is somewhat similar to you , in my case myself and spouse have our GC's ( 485 approved Dec/04 and card received in May/05 ).

But unfortunatley my kid who is 9 yrs , her 485 is still pending , she received an RFE for birth facts in Feb 05 to which we replied and then in august 05 she got her bio-metrics done. But no other activity since then.

We all apllied for 485 the same day ( i.e in Jan/2004 ) , Do you think her application would come under retrogression ? ( it makes me kinda think why is it that way , bcos the primary applicant ( which is me ) and my spouse are approved but not my kid.

Anyway , do u think this is normal ( and i shud just wait it out ), or i need to do something.

BTW My details

PD April 2003 ( EB3 ) India

140/485 for family RD Jan/2004

140 approved early Dec/04

485 approved for self and wife late Dec/04 , CR May/05

Kids 485 , RFE Feb/05 , Biometrics Aug/05 , then nothing ..still waiting ??


Thanks , any inputs on this ??
 
I am also in same boat

wife- primary approved dec 2004 but i am stuck after BC query. well the problem of filing in family based is that one cannot enjoy ead card etc..i think. can someone confirm that
 
sertra2002 said:
Considering this I was exploring the options to get her GC quicker.

Whereas I hope for everyones sake some law is passed and there is Releif, but just in case there is none, the current scenario suggests she will get her GC in the next 4-5 years ! (my PD was 03/2002). So bottomline is I am considering filing for her in the Family based category, since I am a LPR and can file a I-130 for her.
First, you should be very thankful for getting your GC approved just before Retro kicked in.
Chances of PD for EB advancing is more that for FB, so be happy with what you have. I am sure that you will find plenty of lawyers advising about the 'benefits' of applying multiple GCs.

If they pass a law for dependents not be counted towards the quota, your spouse might get approved very soon.
 
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dmun said:
Do you think her application would come under retrogression ? ( it makes me kinda think why is it that way , bcos the primary applicant ( which is me ) and my spouse are approved but not my kid.


PD April 2003 ( EB3 ) India

Yes -- every case would need to have a visa number available in order to get approval.
(Each case is kind of independent when it comes to visa numbers)
Your daughter would have to wait till her PD (which is your PD - April 2003) to become current -- which can be a few years, unfortunately, for India EB3 (currently at Jan 98 - yuck !)

Lets all hope that PDs move a lot faster than that.
 
armie said:
First, you should be very thankful for getting your GC approved just before Retro kicked in.
Chances of PD for EB advancing is more that for FB, so be happy with what you have. I am sure that you will find plenty of lawyers advising about the 'benefits' of applying multiple GCs.

If they pass a law for dependents not be counted towards the quota, your spouse might get approved very soon.

Thanks for the advice. Yes, I am very thankful that I got the GC, and I know how lucky I was to escape the retrogression. You shuld be thankful that you were able to file I-485, and be happy with what you have.

I am not trying to flame a war of words here, but just trying to point out, that being thankful with what we have is one thing, but wanting more or better and exploring options to achive this is basic human nature. All I am trying to see is, if I can gain something by filing her I-130, just as you are wishing that the law to reduce the retrogression is passed soon. The sooner I file the I-130 the earlier she gets a PD. The point is, are there any issues in doing this, and if not, is there any advantage in doing this ???
 
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sertra2002 said:
Thanks for the advice. Yes, I am very thankful that I got the GC, and I know how lucky I was to escape the retrogression. You shuld be thankful that you were able to file I-485, and be happy with what you have.
What made you think that I am happy that I filed I-485 which won't be approved for several years?. Filing 485 has no way affected my status since I am on H1. I have not even applied for EAD. In fact, I only wish retrogression kicked in earlier so that PDs ahead of mine didn't get approved earlier.

sertra2002 said:
All I am trying to see is, if I can gain something by filing her I-130, just as you are wishing that the law to reduce the retrogression is passed soon. The sooner I file the I-130 the earlier she gets a PD. The point is, are there any issues in doing this, and if not, is there any advantage in doing this ???
By all means, if money is no object.
If I were you, I would quit throwing money away by filing multiple GCs unless the spouse getting GC 1 year or so sooner makes the difference between life and death. Different strokes for different folks.
 
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