Questions about my spouse's I-485

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puma2012NIW

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My I-140 (NIW PD 9/28/05) was approved a couple of months ago, and I am working on my I-485 RFE ( Request the employment letter).

My PD is not current, so I can not submit my wife's I-485 right now. (Visa Bulletin shows the current PD is April 1, 2005.)

Question:

Is there any difference between the following two events?

1. My wife's I-485 will be submitted before my I-485 gets approved.
2. My wife's I-485 will be submitted after my I-485 gets approved.

Thanks
 
Last edited by a moderator:
ALERT!!!! File your wife's I485 now. If you wait until yours get approved, your wife's case will be totally screwed. It may take years and years. File for her now!! Thank God you ask this question now not until too late!
 
IBelieve said:
ALERT!!!! File your wife's I485 now. If you wait until yours get approved, your wife's case will be totally screwed. It may take years and years. File for her now!! Thank God you ask this question now not until too late!
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It will take years and years for my wife to get green card? Alert!!! are you sure?

I have heard that it just take one year to get Green card when take "follow to join" category.

May I file my wife's I-485 right now? Will the USCIS reture it because my Priority Date is not current?

thanks
 
puma2012NIW said:
It will take years and years for my wife to get green card? Alert!!! are you sure?

I have heard that it just take one year to get Green card when take "follow to join" category.

May I file my wife's I-485 right now? Will the USCIS reture it because my Priority Date is not current?

thanks
Click to expand...

Hi puma

ONly after your PD becomes current you can file 485 for your wife. That is what I think.
 
puma, I am not an atternet, but take my note seriously. If your PD is current, you can file your wife's.
 
Last edited by a moderator:
puma2012NIW said:
My I-140 (NIW PD 9/28/05) was approved a couple of months ago, and I am working on my I-485 RFE ( Request the employment letter).

My PD is not current, so I can not submit my wife's I-485 right now. (Visa Bulletin shows the current PD is April 1, 2005.)

Question:

Is there any difference between the following two events?

1. My wife's I-485 will be submitted before my I-485 gets approved.
2. My wife's I-485 will be submitted after my I-485 gets approved.

Thanks
Click to expand...

I believe 2 can be a problem. 1 is good.

So to avoid 2 monitor the visa bulletin closely and file your wife's I485 so that it reaches USCIS the very day your PD becomes current. I doubt they will be able to approve your I485 in onde day after your PD becomes current.

This also means having your wife's I485 documents and forms ready all the time
 
Option 1 is the safest. So you might want to follow what EB1OR@NSC wrote, file her 485 as soon as your PD becomes current.

If your wife's current status is derivative of your non-immigrant status , say she has a H-4 based on your H-1, then option 2 is a problem. She can still do Consular Processing, which might take *less* time but she can't reside in U.S. until she gets GC. On the otherhand if she has her own H-1 or any other valid non-immigrant visa that is not based on your current visa status then it doesn't matter. She can file for 485 even after your GC gets approved.

What IBelieve says is true only if you get married after 485 approval. In such a case it goes in to family based category and then it could take years and years. Clearly you are married before your 485 approval.

My situation: I filed for my 485 after my wife's EB2 485 got approved. But then my visa status (F-1) is not a derivative of her old status (H-1) so I was in US and I could do it.

Hope it helps,

-dinks
 
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