Spouse\'s I-485 application timing??

P

prabh

New Member
Hi All,
I have a situation, the I-485 application of my spouse reached INS office one working day after my I-485 got approved. (Even though I got the notification a week later). She is on H-4. In this case, what happens to her visa status (given that my H1 is no longer valid) and what are the risks involved here? What are the alternatives for me?
Did anyone else fall into the same situation?
Thanks,
Prabh
 
Dont give wrong advice

esp if you are not sure of it.

Just seek an attorney\'s help in this matter. If you get a good one, you can easily pass this hurdle. If I were an attorney, I would argue that the postal stamp on the I485 package is prior to your approval date, so INS should accept your wife\'s 485 package and approve.
 
I don\'t think it\'s that bad!

Technically, your wife was out of status for one day. However, INS is not that strict when enforcing that part of the law. It usually gives an applicant some grace period. And one day cannot be a big issue. Even if the officer did care about the one day, which is very unlikely, you could always argue that you had mailed your wife\'s application before your I-485 was approved. You must have proof of the mailing.

Of course, it would be prudent to consult a lawyer, but most likely she/he will just make your feel better. I don\'t think there\'s any action you need to take here.
 
No problem as long u were married before the approval date of primary

I talked to two lawyers, and both of them told me that the marriage dare should be before the approval date of the primary applicant. You can apply for the dependant\'s I-485 even later, as was in my case.
 
hi prabh...

i have similar problem and really tensed

i already done my fp\'s and waiting for approval any day.
meanwhile i am planing to go to india and get married.
is it just enough that i need to get married before the approval day and she can still come after my 485 approval date and we can file her 485 ?
 
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