Spouse I-94 expired, needs to file I-485 What are my options

V

victoria

Registered Users (C)
My prior I-94 expired on Feb,2001 and I got extension up to Feb, 2003. But my lawyer applied for my wife\'s I-539 recently. My attorney say\'s that we should wait here and should not go to India for new visa. Apply I-485 after she gets H4 extension.
There are couple of options but don\'t know what to do.
1)Should I file my I-485 and later when her H4 gets extended add her name to I-485. Don\'t know till what stage of I-485 I can add her name? What is the delay/complexity involved in it.
2)Start consular processing now. Send my wife to India to get visa. If she gets well and good, comes back on H4. If she does not get then let her wait in India until CP interview.
3)Can I make use of 245(i) and we both file I-485 AOS now?
4)How much time it takes to get I-539 response in VSC. What is the chance of approval if filed after 4 months of I-94 expiry? Is anybody I-539 approved recently?
5)By the time we get any response about her I-539 approval she will cross 180 day\'s limit. If then I-539 is denied then she will be put to 3yrs bar.

Tension is raising up... don\'t know what to do Pl. help
 
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Victoria

Dont worry. Since your H1 is approved you are safe. I dont know why your lawyer didn\'t file your Spouse\'s H4 along with your H1?

CP or Going back to India is not a good option for your spouse. It may lead to further complications that may become extremely difficult to resolve.

You may file your I-485 and add her later ( permitted anytime before approval takes place)or wait till her H4 is obtained.

The best thing for you to do is to consult your attorney. Still I am not clear why your Spouse\'s H4 was not filed ???? Can you elaborate further? What is the expiry date on your Spouse\'s Visa. Sometimes the date on I-94 may be wrong. In that case all your problems are solved.
 
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Hi Victoria,
   In my opinion, she is well covered under 245i, since you have filed your labor before Apr 31, 2001 ( deadline of LIFE act). You can file her I-485 under 245i. I think she will not be able to travel to India now, since she is out of status now. It is better to stay in US until her I-485 gets approved.
    I don\'t think you need to panic, though nobody wants to be in this situation. I understand your anxiety. She is very well covered under 245i. I don\'t think you need to wait H4 to get approved for filing her I-485. File I-485 as soon as possible.

  To get the peace of mind, post this question at Ron\'s site ( http://www.imminfo.com ). He is very helpful attorney and prompt in answering our questions (free of cost). Do not mention that you are represented by a attorney. Remove from your message any mention of your lawyer.

  I request others to correct me, if I advised him anything wrong.

   Good luck.
 
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Mongaram.. I dont think you can add your Spouse for AOS without a status ( H4 or H1. It may be possible only for CP.
 
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Hi Gauthem,
    Thanks for correcting me.

    Hi Victoria, I stand corrected.
 
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Hi Gautam,
   It is alright. I also did the same thing (though unintentional).
 
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Hi Gautam,
   After thinking a while, I come to to a conclution that I may be right. Since H4 status is no more valid, she is using 245i. So to file I-485 under 245i, I do not think she has to be in valid H4 status. Otherwise can you please tell me who is covered under 245i? Then what is the purpose of 245i?

  One of those unfortunate company Name change case (on hold)

     ND Sep 15 1999
     FP Aug 15, 2000

    Please clarify.

   Thanks
 
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I was talking about regular I-485 and not 245i. Since victoria has not posted the complete details, we can\'t suggest her / him to go for 245i. We still don\'t know why H4 for spouse was not filed along with H1?
 
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Hi Victoria,
   I have a friend whose wife also has the same problem. The only difference is she is 18 months out of status. He is planning to file both H4 and I-485 in July ( PD becomes current in July) for her. I tried to call him today. He is not there. He already consulted this problem with his attorney. I will try to post his response ASAP.

   Again do not panic. This GC is taking life. Though I hate it, still I need this for my kids.

     Good luck.
 
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Thanks for your replies Mogaram and Guatam.
I missed to mention my wife I-94 expiry date. It is same as mine was. Her I-94 and visa on passport both exired in Feb, 2001(4 months back).
Secretary to my lawyer messed up things. He/she forgot to file H4 extension.
Mogaram please let me know your friends email/number so that I can talk in detail about applying 245(i). Will that further delay GC?
I don\'t understand why going back to India is not recommended since my wife has not crossed 180 days/3 yrs bar? Won\'t officer get convinced if show faxes and email that I did send all paper work but some one at lawyer did not filed H4 extenson. And more over my H1 is valid.
Adding my wife name later to I-485 AOS, Will INS require explaination why was her name not added initially? Will adding her later further delay my GC or her GC or both of us ?

If I am opting for India then my lawyer strongly suggests going to Canada and consult a canadian attorney(recommended by my attorney)and try to get visa from there. Any suggestions ... I know from INS Home that if you have even stayed one day out of status then you can not go to Canada/Mexico to get visa. You can only go to native country.

Thanks in advance
 
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It looks like your Attorney is not handling this well.

Better get a second opinion from another Attorney. I think your attorney is complicating things. Going to India is not a salvation. I fear it may lead to unncessary complications.

This is my personal opinion and I am not an attorney. Instead of just taking your attorney\'s words, you should start asking him questions like why, How and what are other options.
 
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Hi Victoria,
   I am still trying to get in touch with my friend. I am not successful. I left a voice mail.
  In the meantime, as I mentioned earlier in my posting, I would suggest, post your questions at Ron\'s site without mention your lawyer\'s opinion anywhere in your message. You will get a very good reply from him.

    Did you try to post there?
 
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I tried to register at www.imminfo.com. It says successful registration and your password is send to your email address. But no mail is recieved yet. I need to register before posting. I did post at www.immihelp.com discussion form. Don\'t know if they are same.
 
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They are different. Normally you should get it immediately. I don\'t remember. I am not able to get in touch with my friend. I will cantact him tomorrow, if you still need his help. I should be able to contact him at his office phone #.
 
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victoria, ron\'s site password facility is not working, go in as guest and check up information or some stuff like that there, u would have to send a mail to the some email id he gave, that should work out.

you know what , my first instinct was and the instinct even now is to sue your lawyer, they should not be doing such critical mistakes ... anyhow consult another attorney if u can, all the best.
 
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Mogaram, I will be glad if you can call his office phone #. I need his help. I will be waiting for your message.
Thanks again
 
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Hi Victoria,
   I discussed your problem with my friend. I am bit unconfortable in giving his contact details to others. Feel free to ask me if you have any question regarding how he is handling his case. I will contact him and get the answers from him.
   Though he could not get too much details from his lawyer, he has been explained by his lawyer how they are proceeding with his wife case. The same is given below.

    1. They applied 2 weeks ago H4 extension for his wife.
    2. His PD has become current. He has sent his papers along with his wife\'s a week ago.
    3. He is expecting in another a week or two beack from his lawyer for his signature.
    4. Lawyer is going to file I-485 for BOTH simultaneoulsy after receiving H4 extension receipt notice.
    5. This receipt details will be entered in her I-485 application. He does not know what details are going to be entered in it.
    6. He is expecting the receipt to reach him in another 2 weeks time by which time their I-485 will be ready for filing.
    7. They using 245i while filing I-485.
    8. His lawyer told him very clearly that she can not travel outside US until a decision is made on the I-485. Otherwise she is fine once I-485 is filed.

    Hope this helps you.

       Good Luck
 
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