Question on Dependent\'s application; Please help !

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NoFear

Registered Users (C)
Hi folks,

My I485 application (primary applicant) was approved on 8/14/00 - RD 6/99, ND 7/99, FP 6/00. Please see the "July99 ND Approved!" discussion for more details. My wife\'s case has not yet been approved. I happened to look at a copy of my wife\'s application and found something that does not look right.

In Part 2. Application Type - I am applying for adjustment to permanent resident status because:

a. an immigrant petition giving me an immediately available immigrant visa number has been approved (attach a copy of the approval notice), or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application will give me an immediately available visa number if approved.

b. My spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category which allows derivate status for spouses and children.

In my wife\'s application, my lawyer has checked (a). But, it seems like it should be (b) for her. In my application, (a) is checked correctly.

I would appreciate it if any one could shed light on this issue - possibly look up your spouse\'s application. Does this mean that her application could be separated from mine due to this error ? Although in section 3(b), it does indicate that spouse has applied together on both our applications. But I am not sure whether this enough. I wanted to confirm this before calling my lawyer.

Thanks a lot for your time.
 
No Title

I checked my wife\'s application and found that even my lawyer did the same thing. It does not look right. I do not know if this is a problem because we are still waiting for our approvals.

Could someone who got their approvals please check and post.
 
No Title

I guess you mean that you correctly checked (b) on your wife\'s application. Please post when you hear anything regarding your wife\'s case.

Can any one confirm receiving a DEPENDENT approval with (a) checked in Part 2 ? This is probably asking for too much; but, it will help a great deal.

Thanks in advance.
 
No Title

Q1. IN I485 (Part 2) application for my wife, a or b below I should mark?
Please supply correct answer.

a. an immigrant petition giving me an immediately available immigrant visa number has been approved (attach a copy of the approval notice), or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application will give me an immediately available visa number if approved.

b. My spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category which allows derivate status for spouses and children.

In my wife\'s application, my lawyer has checked (a). But, it seems like it should be (b) for her. In my application, (a) is checked correctly.

I would appreciate it if any one could shed light on this issue - possibly look up your spouse\'s application. Does this mean that her application could be separated from mine due to this error ? Although in section 3(b), it does indicate that spouse has applied together on both our applications. But I am not sure whether this enough. I wanted to confirm this before calling my lawyer.

Q2: Is 25$ fee needed for 2 yre old child?

Q3: In I-765, section 11, "have you ever applied for Employment Authorization from INS?". I only have H1B visa. My univ said I do not have EAD. So does that mean I should reply this "no", right?
Please help.
 
No Title

My case as well as my son\'s have been approved yesterday, but to my surprise my wife\'s case is still pending. I got really worried until I saw that I am not alone in this situation. Why for God sake don\'t they process primary+dependant cases at the same time, it\'s unbelievable to see how inneficient the process is.
 
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Asla
Keep your fingers crossed & hope that they do not transfer your wife\'s case. With INS anything is possible so thank God for the getting half the job done as it happened in my case
 
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We are in same situation. My case was approved 50 days back -June 27. We are still waiting for my wife\'s approval. Called already 7 to 10 times. Last week officer told me that it is strange that my wife has not received the approval yet because I am primary applicant. Normally, they keep the cases together. She said that she will make inquiry and would get back in a week. No body called back. I called yesterday. Talked with another officer. Same thing. She said that she will make inquiry and will call back in 10 days. Lets see.
 
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Are they keeping dependent cases pending, if dependent is working or attending college. In my case my wife is working. What about yours.
in my friend\'s case his wife was not working so both of them got approved. If you post details we can an idea what is happening.

Thanks in advance.
Hari
 
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rpoladi
my wife is working. but what has that to do with keeping it pending or transferring the case? any ideas? thanks.
 
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Same here - wife is working (on EAD). Waiting for her approval - I am planning to call Vermont INS today.
 
No Title

I don\'t think it has anything do with a working vs. non-working spouse. My application got approved along with my husband\'s (I was the primary) on the same day (07 26 00). As far as I know, the only condition for derivative status is that she/he has to be your spouse and work has nothing to do with it. All the cases in this discussion sound strange. If I were in your shoes, I would contact my congressman or the senator immediately, as you have a legitimate concern.
 
No Title

I forgot to mention another thing that might be of some value to you. My ND was 11/98 and I got a RFE in 6/00 asking for current employment letter from my employer. They never questioned anything about my husband\'s employment or anything.
 
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