Question about adding spouse to existing 485 application

N

NEW_1234

New Member
I am expecting my 485 approval in the next couple of days/weeks (based on the approval trend posted here!!). I filed my application as single and recently got married, as of now my spouse is in US on a H4 visa and am planning to add her as a "derivative" (as told by corporate lawyer) to my application. However medical examination and other paper work may delay the process by a couple of weeks. Now my question(s) .....

1.) What happens if my 485 is approved before I file her application? Will my spouse go "out of status" as she holds a H4 visa?
2.) Can I still add her even after my application is approved?
3.) What priority dates will she get and approximately how long will it take for the application to be approved (VSC)?
4.) Am I bound to work for the same employer until spouse\'s application is approved?

Your comments are greatly appreciated. Thanks in advance for your time.!!
 
List

You have to include her before your I-485 is approved.
So don\'t wait for 2 weeks , just get the papaer work done overnight and get the latest medical appointment.
infact you can send the medical even later (check with your lawyer).
Thanks.
 
Answers 2,3,4

2.) Can I still add her even after my application is approved?
CP would be the only option after approval. Since your H1 will not be valid, she might have to leave US to do CP at your home country.
But if you apply now and get the 485 receipt number, she can use EAD and AP for employment and travel status respectively. So do not delay now.
3.) If you do it right she might get the approval along with yours. It takes a few weeks to get the alien number. Send it ASAP and follow it up with INS.
4.) You can change your employer. This will not affect your spouse\'s approval.
 
Lawyer says..

Thanks al lot for your comments..

Our corporate lawyer says she should be OK as long as we are married
before the approval date, is that true?

Am doing my best to complete the paperwork at the earliest...
 
Ask your lawyer...

What will be your wife\'s status from your approval date to the 485 receipt date?
If your 485 gets approved before you file 485 for your spouse, the only way your spouse can get GC is by CP, for which she has to leave US immediately.
 
485 marriage wife

Hi,
My Case:
        I filed my 485 on Sept 2001. Got my finger printing notice for march 6th. I was in India during that period and hence requested rescheduling of finger printing notice. I got married on 15th March and my wife came here on 5th April. Our H1/H4 was valid till 14th April 2002. We applied for our extension on 11th April. I got my new finger printing notice for MAy 18th.

        My question :

        1> Can I file for my wife\'s 485 right now or I have to wait till I get the approval notice of the extension.

        2> Should I go for finger printing or reschedule it again(Can I do it --- with what reason?)

        3> What happens if I go for finger printing and my appli(485) is approved and we have not yet recd our extension?? what will happen to my wife\'s status?

        4> Will she be out of status or have to wait for yrs to get her GC?

Thank you
Deep
 
File your wife\'s 485 NOW...

Attaching oneself to another ongoing discussion is not netiquette...
File 485 (medicals, BC,photo, passport pages etc.) along with EAD and AP for her immediately.
If you want you can postpone your FP so that your spouse\'s case gets time to catch up (FP might not happen at the same time, but approval might come at the same time). You can reschedule it, see the notice, no need to give any reason.
If you file your spouse\'s 485 then as an adjustee her status is valid. For travel she should start using AP (comes handy if your 485 is approved earlier)
DO NOT DELAY, File the 485 now.
 
Hi NEW_1234. I am on the same boat too

Hi new_1234,

I am also somewhat in the same boat. Once u collect all theinformation could u email that to vijaynathg@hotmail.com about all ur findings. I would really really appreciate ur help in this regard.
 
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