should I call my wife from India?

[programmer76]

My I 140 was approved on January 20,2005 and now i've got finger print notice for both me and my wife. They have called us to take our finger print taken in Februay end. My wife is in india studying for her final year. She will be visiting me in May. I'm confused.what should I do? should I not miss this finger print appointment and call her from India? I got this finger print notice as soon as my I140 is approved.Does that mean that my I 485 is going to get approve soon? If they are following retrogression then why are they calling me for finger print becasue my PD date is in march 2003?

Few facts about my case.

EB3 Concurent Filing from texas service center
Labor RD(date of acceptance of labor processing/PD) March 2003
I-140 RD 06/17/2004
I-485 RD 06/17/2004

 

[saras76]

Some suggestions

programmer76,

Going by your PD they should not be approving your 485 yet. However anything is possible. One of my friends was in a similar situation and his lawyer suggested that his wife not miss the date that is scheduled. She flew back from India and gave her FP. I must note that my friends PD was current at the time.

The safest thing would be for her to fly here and give her FP. Please consult with your lawyer and see what he/she says.

When it comes to the BCIS I always try to get things done at the time they have suggested. It is hard enough getting anything from them let alone expecting them to delay something on your request and not cause problems in the future.

These are just my thoughts. More experienced members maybe able to weight in on this.

saras

 

[programmer76]

thanks saras for your reply. Seems like i'm going to get laid off from my consulting project and struggling with financial crisis but If delaying the finger printing for my wife is going to delay my GC further then I will forget 1000 dollar cost of ticket and certainily call her from India. I will appreciate other senior members feedback in this forum as well.

I am among the people with retrogression because my pd is march 2003 & if they are following retogression at texas service center then there is a long way for me to go. I do not understand why they are calling for finger prints? Have senior members observed any cases recently who got I485 approved even if their PD was not current?

 

[msatl]

For programmer76

Hi programmer76

In most of the cases, results of FP lead to review and adjudication of 485. I am not sure if your PD actually limits review of 485, though FP is done. If you get your wife from India to do FP, the expenses at your end are travel charges plus any loss in her education. Do you think there is any other issue involved in getting her to USA? What is the benefit you get if your 485 is approved (hopefully) within three months after FP? If this benefit outweighs the expenses, I reckon, you should get her to USA for FP. Good luck.