Spouse 485 RFE - Legal Status - Please advise

A

Akx

Registered Users (C)
Dear Friends,
Anyone in a similar situation of getting a RFE on Spouse 485. My lawyer is responding using 245(k) to support her case and get approval. Any thoughts. my wife was out of status for 175 days, before we realised and filed a AOS. Any other suggestions, as to what all supporting documents we should file along with this response. FYI - My 485 is already approved, we have a RFE on my wife's case, hope we get her approval as well.
Your response with some suggestions will be greatly appreciated.

140 / 485 Filed Dec 14th 2004
EAD - AD 11 Jan, 2005
AP - AD 7 Feb, 2005.
FP - 22nd April, 2005
My 485 - Approved 17th May, 2005
Spouse 485 - RFE sent 10th MAY, 2005.
 
If you miss to file her H4 during that time frame then you can use nunc-pro-tunc procedure. I never done this before but you will get lot of pointers if needed by searching in google and this portal..
 
Thank you

I appreciate your response, Unitednation and Harishds.

USCIS recieved her AOS (485) on the 176th day from being out of status. I have another question, when you say that the 180 day clock stops ticking the day we file AOS within the 180 timeframe. Does it resume count from the day we left it at, if the a decision is made (denial of 140) on the case.
The reason I ask this is, because the AOS from my previous filing still shows pending on line, but I know for a fact that the case didn't go anywhere and must be either shelfed or denied. I filed another Sub-labor case with my new employer and got my 140 and 485 approved but my wife's 485 had this RFE.
Are we replying to the RFE with the best possible approach, using 245(K; what is the hope of her case getting approved.
Please advise.
 
For Unitednation

Thank you very much for your quick response. One last question, her first 180 count started when the H4 expired and we made it in time for AOS filing at the 176th Day. Now if there was a decision made on that AOS and it was denied, does the count start back from 0 or does it takes up from 176 177 178..... there could have been some gap between that and when I filed my second AOS, which is finally coming through.
Now that the online status still shows the previous AOS still pending, do you think that would help in strengthing our case or proving that she was on a AOS pending status through out.
 
same problem --- gurus help me

Hi,

My problem is also similar to you. someone please help me.
I am applying 485(AOS) for my wife and infant baby girl.
My wife and infant kid came to usa Apr'29th 2005.
And my visa is valid upto June'02, 2005.
we are planning to apply 485(AOS) for them under followup join.
Suddenly, My 485 has been approved May 25th.
Now, i am little bit confused. what is my wife and child status now?
After 485 approved, are they eligible to apply for 485 under Employement based?
(becaue, we are applying 485 etc, for them immediately)
Do I have to apply for I-94 extention for my wife and kid?
Is there any transition period for them to apply?


gurus please help me?

thanks,
ksk.
 
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