question on AOS----help! please

Y

yawn

Registered Users (C)
My AOS was filed in May of 2003. I have got the approval for my AP and EAD. My spouse's AOS, AP, and EAD were just filed last week. Do you think INS will approve my and my spouse's I-485 at the same time, or they will approve my I1485 first? If my I-485 gets approved, but my husband's AOS is still pending, do I have to continue working for the same company till my spouse's I-485 gets approved?

Thanks!
 
a year after filed AOS will be treated seprately . You do't have to continue working for same compay for ur spouse approval if you are the primary applicant.
 
If filed together, most of the times all the family members are approved together. Sometimes there can be few days delay in approval either way - spouce getting approved before principal applicant and vice versa.
If you are the principal applicant, there is no need for you wait for changing job until your spouce gets approved. The way it works:
- You are principal AOS applicant (employment based), so you need to hold the same job (same employer) or similar job (using AC21).
- Your spouce is AOS applicant as derivative of you. Therefore, your job status does not apply to him. As long as you have a valid status (GC holder) and you can support him financially, he is eligible for GC.

But remember, chaning job immediately after GC is not good idea (this is unrelated to your question though).
 
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Hi, Ghost-rider

My AOS was file on 05/30/03, and my spouse's AOS was filed on 05/04/04. Is it seperated or together?

Thanks!
 
yawn said:
My AOS was file on 05/30/03, and my spouse's AOS was filed on 05/04/04. Is it seperated or together?

Thanks!
Click to expand...

It's separate. normally this kind of cases are approved separately. But I know atleast one case where the wife applied six months later, but they still got approved together.
 
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It will be a derivative application but the approval process will be seprate. there are members on this forum who had filed derivative applications for there spouses and received there own approvals but still waiting for there spouses.
 
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