Spouse lives in a different state, what to do with 485?

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ben2000

Registered Users (C)
My spouse (a student) lives in another state. My lawyer filed her case in a different service center as mine. Is anyone in the same boat? My question is, after I get my approval, what should I do with her case? My lawyer said that she would send a copy of my approval notice to her service center.

Any input will be highly appreciated.
 
In my view, your attorney should have filed both petitions at the same center.

Let me confess I don't know the precise answer to your questions and I don't have personal experience in this regard. Here's what I think could happen (don't be scared by my words - I am not an attorney):

1. Your spouse's application might be transferred to the service center same as yours.

2. Did your attorney file your wife's application after you got the case number for your I-485? If not, they might issue an intent to deny or RFE to know about status of principal applicant's application.

3. Did your attorney include explanation for seprate addresses? If not, an RFE can be issued to you (or local transfer to your local service center) asking for explanation for separate addresses and additional proof for continuing marriage.

Again, these are my guesses only - take a legal opinion if possible (from another attorney).

Best wishes,

Jigesh
 
jigesh, thanks for the input.

Thank you very much for your input. What you have said is exactly what I am worrying about.

My lawyer was very sure about what she did at that time, so I had to fully trust her. But something happened during last six months, i started to question about her ability.

She filed my wife's case after we got my receipt of 485. She didn't send a letter explaining why my wife lives in a different state. She simply told me that after getting my approval, she will send the approval notice to the other service center. I have tried to look for a job near where my wife lives, but you know the market. :( :( :(

My RD is early NOV, God knows what will happen next.
 
Onlt some Hassle

I am sure, it will be some anxiety and hassles...
But I dont see any problems which will prove detrimental..

I really dont trust UR Lawyer..
They Shud HAve filed at the same Service Center...
 
mine is dependent on my spouse .My spouse processing was thru Vermont and I lived in Indiana (so my area falls in Nebraska center) but my lawyer filed in Vermont as I was dependent.
My wife's case has been approved and card received. My EAD issued fingerprinting done I-485 approval expected anytime(RD 10/22/01)
I guess your lawyer is a novice and he should have defintiely applied in the same center where your case was filed
 
thank you for the input

I should have posted this question long time back, maybe before my lawyer sent out her case. I have applied for CP in 140. But my spouse was afraid that she couldn't get back to US. So I had to change to AOS at that time. We were expecting 6 months fairy tale from INS will happen on us at that time. Now it has been almost a year. With the mistake my lawyer made, I don't know when is the end of the tunnel. :( :(
 
U will get it..

U will get it pretty soon...In a month or so...
I am not exactly sure, what will happen for UR wife..

Why not ask Sheel Murthy in her Weekly Chats??
 
ben2000

Since you did CP-to-AOS, can you check on NVC's automated voice-mail to see whether your I-140 is sent back to INS?

NVC's number is: 1-603-334-0700 (7days/24hrs)
You will need EAC# of your I-140 (not I-485) to check the status.

I did the same - CP to AOS and my I-140 is still with NVC (of course, my RD is still far far away - Feb/02).

Thanks.

Jigesh
 
asdasd, jigesh

asdasd, thank you for your input. I will try murthy chat next time.

jigesh, I called NVC two weeks ago. 140 was still not transferred to VSC yet. I will try again tonight and will let you know the result.
 
ben2000

Thanks for your efforts and information. This means I-140 really gets back to INS from NVC very late. I also heard that not in every case I-140 is required to be returned to the INS. I don't have any specific or more information though.

Best wishes,

Jigesh
 
jigesh

I called NVC last night. The same old message. You are right, not in every case I-140 is required to be returned to the INS. One of my friends got approved without I-140 being returned to the INS.

Best wishes.

ben2000
 
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