Primary approved but not the dependent

G

GCHELP4

Registered Users (C)
My I-485 got approved (RD 12/2001) last month. I have filed for my wife only this year (rd 03/2003). I have read the similar threads with dependent not being approved , but filed together.
My wife's case is different in a way that hers was filed after 15 months from mine. Any of the guys are in the same boat? any idea what will happen to my wife's case and is there anyway to speed up the process.

Thanks
 
Me too in the same boat

Hi,

I filed for my wife's 485 1 year after mine. I got my 485 approved in May and also got my plastic card in Sept. Still waiting on my wife's approval.

Dilip (Ex GCAR)
 
Hi Dilip,

Thanks for ur reply. Did you call BCIS and ask about the status of
your wife's application? My lawyer is telling me that we have to wait and can't do anything at this point.
 
GCHELP4

You shouldn't be too worried about your wife's petition. Since you filed it before your I-485 was approved, everything will be fine. Her case will take time but it is just a formality as far as getting approval is concerned. Once your is approved, nothing will stop her from getting GC. She is legal with I-485 receipt and with EAD, permission to work.

Approval of your case will not make your wife's case a priority for BCIS. There is even a 99% probability that her case will be transferred to local INS office. That is to verify the marriage certificate, marriage photos and other documents proving that the marriage is for real.
 
GCARD2002,

Thank you very much. I am feeling a lot better now. When she
goes for an interview(if the case is transferred to a local office)
is it necessary I should be working in the same or similar job?

Would appreciate ur reply.
 
GCHELP4

You do not need worry about maintaining your job with the same employer, things like that. Ever since AC21 law came into effect with 180 day rule, BCIS is really not worried about how many guys are maintaining their employment status after GC stamping though we need to try our best to keep employment for few months after stamping.

Just explain the officer that your employment based I-485 was approved long back and that your wife's name was added at a later stage during I-485 processing and it got delayed. Then show your GC. That should do it. It is hard to imagine that the officer will ask for your employment status after you show your GC. Just to be safe, take the employment letter with you. If you are not employed or not even in the software field at that time, don't worry. Just take the ex-employer's letter that shows that you worked few months after stamping. I am sure it won't come this far. Whenever you leave the software employer, take a letter from them and keep it in your records. It might be useful at the time of citizenship also.
 
Thanks man !!! You had explained in detail. I have read in one of
the forums where one of the member (who was in the similar situation) while explaining his wife'interview experience told that
the officer asked for his employment letter. That's why I have
asked that question.
 
keeping this thread alive so that if anybody in the similar situation can add their information.
 
i added my dependent to I485 after 1 year too. We still waiting for approvals

Primary
RD: 02/02
ND: 02/02
Ist FP: 04/02
2nd FP: 01/04
No Ref

Dependent
RD : 05/03
ND : 05/03
Ist FP : 01/04
No Ref
 
gcard2002, I have questions

gcard2002 or anyone,

How do you know that there is even a 99% probability that spouses' cases will be transferred to local INS office? Where can I find the information that spouses' cases were transferred? Just curious. I know there will be just formality (checking marriage certificates, photos, joint tax return, primary applicant's employment letter, etc).

But according to the past forum, some of them were approved without any transfer or interview. I don't see many transfer or interview for spouses (except responding to RFE-- asking for marriage certificate, birth certificate, medical test results) after primary applicant's case was approved. It seems rare that cases were transferred to the local offices. Just curious..

My spouse is still waiting (RD: Dec 2002.-- I added my dependent.)
Mine - was approved in Feb 2003. I applied somewhere in 2001.

USGC485
 
typically all family based 485's are transferred as a rule. for employment based ones, only those people who were newly married are transfered for spouse. i would say if you were married only a year when your 485 was filed, then they would transfer the case to local office.
 
My friend (primary applicant) filed 485 together with his wife, his
case got approved few weeks ago but his wife is still waiting.
They had married several years before they submitted the 485.
Anyone had such kind of experience? Is that normal?
Thanks!
 
i dont know about that. but i wont think of "a few weeks" as being essentially a reason for concern. the files have obviosly not been clubbed together as it would be normally.

normally when people post details for their friend they generally have wrong data, so i wont go by this one as a rule.
 
Nobody knows what causes the transfer though. I think it is upto the officer who does the interview to decide about the case. He
might still insist on the employment letter from the primary. If
anybody has gone through the interview(dependent alone) only
can explain what happened. If any of you still browse the forum
pls reply. You will be helping a lot of people.
 
Waiting spouse approval

Just found this existing thread, Please post your experiences who is already in hthis thread.
------------------------------------
Hi All,

As i mentioned in other threads, my case was approved on 03/24 and stamped on 04/07.

I have couple of questions, i appreciate if anyone reply to these.

1. My wife's case is still pending. My attorney said, her H4 is gone after my approval. And she has to travel only with AP. Anybody travelled with primary approved, and wife with AP? any problems?

2. If she gets approved while she is abroad, can she enter back in US without any problems?

3. Some people say, it will be quick thing to approve for dependents, once the primaries are approved, is it true? if so how long?

Rd:03/25/2002
Ad:03/24/2004
Stamp:04/07/2004

Spouse:
Rd:05/13/2003
Fp:03/31/2004
Ad:???
 
USGC485

I cannot recollect the forum or webpage at this time but I did see it several times. It is an accepted fact with INS. People who got married around the time I-485 was filed are more likely to see their cases transferred to local INS offices. Lots of people abused the marriage process to gain immigration benefits and INS has comeup with this policy. My cousin married 3 months before filing his I-485 and his wife's case was transferred to local INS office here in Chicago. My cousin casually asked the officer the reason for the case transfer and he did mention that the timing of the marriage is the reason for the case transfer. He verified authencity of the marriage and stamped the approval. Remember, it need not happen in all the cases. I only believe that the probability is high for case transfer.
 
thanks, gcard2002

Thanks, gcard2002. That's what I thought. :)

We are waiting for my spouse's second fingerprint notice (probably in 2 months) or transfer/interview notice or 485 approval.

Thanks,
USGC485

----------------------------------
Also, I found out that someone asked on chat forums if she gets her gc. Let me copy and paste (just FYI).

Chat User : We did not apply for the I-485 at the same time. My husband got his GC. I am waiting for fingerprints. It has been 12 months since I applied. My husband is now planning to change his job. Will I still get my GC?

Attorney : Generally, the spouse should not be affected if the principal changes employers, especially if the principal I-485 applicant remained with the sponsoring employer for about 12 months after obtaining the GC. The approval of the I-485 for the dependent family members is often based on one's own personal history either health related, security related, criminal issues, etc. Of course, if the principal does not obtain the GC, then the dependents will also not obtain it based on the dependent status, but that is not the case here, so the spouse should be able to obtain the GC unless there are issues pertaining to the spouse.
 
How abt travel

USGC485 or gcard2002 or OTHERS,

How about travel? any problems at any POEs or transits (using one approval , dependent on AP)?
 
sylvania, I am in a similar situation

my case is approved, my wife's case still pending. Did you find out any details on if it is ok to travel at this point.

annamalai
 
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