If the primary is approved while the spouse/dependents are still pending; if the primary PD gets retrogressed, will that affect spouse/dependents approval?
Folks,
If the primary is approved while the spouse/dependents are still pending; if the primary PD gets retrogressed, will that affect spouse/dependents approval?
Thanks,
Safeer
skp19722003,
It may be weird for me to ask after 4 years in GC processing, whether assigning visa numbers is an internal matter of USCIS. Since from my family of 4, 3 got GCs and I do not see any special number on the physical GC or on approval notices, other than the A#. This A# was assigned to all 4 at the time of 485 application in Apr.'04 and I am sure that is the case for every application. Appreciate if you or someone clarifies on this concept of visa # assignment!
BTW, my elder son's 485 is also pending for over 2 months. Primary and 2 derivatives approved in July/Aug.'07
DIGS
EB3, India
PD Aug.'03
I was in the impression that since the primary is already approved the spouse/dependent cases does not come under any category EB* and will not get affected by Regtrogression.
The reason I said was, it looks like some of the derivative cases were approved (as per this forum) within 1-3 months, after primary approved. Apart from that, when I spoke to them sometime back, she said, case is waiting for an officer to review. So, I believe, visa number is pre-assigned.
good_y is right with the example. The only thing I wish to add is, if the primary has been adjudicated, his/her dependents will also be assigned the visa numbers under the same category.
sail1
The derivative cases are still EB; my GC says E37 and my wife's says E39.
Following-to-Join Benefits for Spouses
Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as an immediate relative (parent, spouse, or unmarried child under 21 years of age) of a U.S. citizen.
If you were married before you became a lawful permanent resident, and your spouse did not physically accompany you to the U.S., your spouse may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your spouse, and your spouse will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. Consulate that you are a lawful permanent resident so that your spouse can apply for an immigrant visa. Your spouse may be eligible for following-to-join benefits if your relationship still exists and if one of the following is applicable:
You received a diversity immigrant visa
You received an employment-based immigrant visa
You received an immigrant visa based on your relationship to your U.S. citizen sibling
You received an immigrant visa based on your relationship to your U.S. citizen parent when you were already married