Primary Approved, Derivative Pending

G

gcAwait

Registered Users (C)
Hello Everyone,

I would like to start this thread and invite everyone to post their details and experiences who are in the same boat as myself.

These are my details:

We married a month before my husbands GC was approved. Thus I was able to file my AOS as a derivative. I have also had one fingerprinting.

My husbands GC got approved in Apr 2002, but since 2 years there hasnt been any news from INS for my pending 485.

WAC-02-143-5XXXX

It would be great to know who all are having similar case as mine.

Regards,
GCAwait
 
I'm in the same (stinking!) boat...

We got married only after 1 month my husband applied for his 485 and six months before his 485 was approved.

So I was able to file for derivative 485. Like I've said my husband's 485 was approved in June 2002 and I've still not heard anything about my case. I gave 1st FP in Feb 2002 and 2nd FP Dec 2003.

WAC072
 
You husband approved in Apr 2002.
You applied in Feb/March 2002.

On what basis you are expecting speedy approval.
 
Since her application was a derivative, should'nt her 485 have been approved with her husband's? Even if not at the same time, should'nt her 485 be approved in like 1 or 2 months after her husband's?
 
Same thing happened to us. We filed for my husband as derivative 2 months before I got my 485 approved which was in march 2002. His was filed in Jan 2002. We got married Nov 2001. WE have not heard anything from BCIS on my husband's 485 ever since. We have renewed EAD 3 times already. Never applied for AP. Its going to almost 2 yr now since we filed his 485.

Husband's WAC- 02 091 *****
 
Are you saying that if the spouse files derivative 485 one month before the approval of 485 of the pricipal, INS should approve the derivative 485 in one month? Get real...

It is true that in most cases (but not always) derivative applications are approved at the same time but only when the applications are filed together or within a very short time frame from each other. But, if the derivative application is filed when the pricipal is pretty close to approval, derivative application usually goes into general line.

Going by this theory, I can say that your WAC-02-143... is not anywhere close to approval (giving the current processing speed). WAC-02-091... should be approved soon.

Regardless , a derivative applicant is free as bird (just minor incovenience of renewing EAD and AP ).
 
I dont think that INS will go by the primary approval. If the husband and spouse applied at different times, they go in the general queue. So it all depends on the processing dates. My wife applied 6 months after I applied(WAC-02-132-XXXX). My approval came six months back. But she is still waiting.
 
Hello Goodsaint,

Good to hear your comments. I was just worried whether is there a problem with my case only or everyones the same. When I had filed my 485, my lawyer was more than confident that I would be approved with my husband. May be thats not the case, as you said.

Anyways thanks for your comments.

Also, would like to know if you have any idea about the documents a derivative applicant is asked for during RFE. Also is it neccessary that there will be an interview for me and my husband ? If yes, what will be the general questions

Regards,
GCAwait
 
gcAwait,

Only thing I could guess is the marriage certificate and birth cerificate. Apart from this I don't see what else INS would ask. If everything is already in place, I wouldn't expect an RFE.

Good luck.
 
same case

well gcawait you are certainly not alone....:D

We got married in January and my husband had his 485 filed in september 2001. I came here and we applied for my 485 in february 2002. He got his approval in june 2002 and i am still waiting. I did my first fingerprinting in june 2002 and did the 2nd one today.....Hope they process the cases fast after the second FP.


WAC - 02 - 124 - 5XXXX
 
Hello freegirl,

Mine is exactly the case as yours. Mine husband also filed in Sep 2001.

So keep the details posted about the case status. Also your 2nd fingerprinting has been done thats a good news. Please post here when you get an RFE or interview, what documents and questions were asked.

This will not only help me but others too having similar case.

Also would you mind telling from which region is ur 485 filed. Mine was filed in some region called Liguna Nigeul in CA.

Regards,
GCAwait
 
Documents for Derivative

What forms does the derivative need to fill up to file for I485.?

What happens to the immigration status (in this case H4) of the derivative if the 485 of the primary applicant is approved while the derivatives application is still pending?

Thanks in advance.

WAC02165XXXXX
 
Another derivative applicant

I file my I-485 in Dec '01. It was approved in Dec '03. My wife's(derivative) case was filed in May '02. She had her second FP done last week.

My case # - WAC 02 059 xxxxx
My spouse's case # - WAC 02 187 xxxxx
 
fpdelay,


As I understand, if the primary is approved the derivative is on AOS and no longer on H4(Means cannot travel on H4 visas). But I am not sure.

The basic documents needed to file the derivatives case is marriage certificate, pending case receipt of primary applicant.

May be some medical exam will be needed. You need to make sure with the lawyer.

Heeha,
My case(I am the derivative) is wac-02-143-5XXXX. But I have still not recd any fingerprinting. Looks like most of the cases after me have got the 2nd fingerprinting call. You are lucky.

Regards,
gcawait.
 
FYI: no need worry

as a matter of fact, lots of people experienced this problem.

I as a primary, approved & card received in july 2003. however, my spouse's case continued to pend untill the end of november 2003 (approved & card received ). we filed 485 together ( we married six years ago), got REF at the same day and did the FP at the same date.

Deal with BCIS needs patience and Several guys like ours are already approved. Just enjoy your life, do not waste lots of time in panicing, worry. All those are useless. Think more about future growth, that is more important.

good luck to you all.
 
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