TheRealCanadian, Ginnu - please advise: Is wife's 485 filing valid?

[aaifor]

Guys,
I received my green card today.

PD: May 2004, EB3 India
I-485 RD Dec 2004

485 Filed for wife: RD : July 2, 2007 ND: Aug 9, 2007

(we were married in 2006 and wife came to US in 2006 on H4 visa)

The green card says: Resident since July 2, 2007

I know i have asked this before but was assuming that residency date would be Aug 2007 when i received emails/welcome notice.

Can USCIS deny wife's 485 because i got permanent residency before her application was received or because they were on the same day?

Ginnu, TheRealCanadian have previously commented that i should not be worried because her case has been accepted.

However, her case was accepted in the floodgate period, though ND is Aug 9, 2007....way later than them granting me residency. Although RD is still Jul 2.

Sorry for asking again, but is her case in trouble IF USCIS realizes later on that her 485 filing was AFTER my residencey was granted? (and that they accepted her filing because they were overloaded)

If so what are remedies? Is 245(i) applicable here,? or anything else?

 

[aaifor]

more info

BTW, we did get all 3 notices for I-485, I-765, I-131

with RD: Jul 2, 2007 ND: Aug 9, 2007

and No biometrics notice YET or 131/765 approval

Green card expiry: Aug 27, 2007. 10 years from card production date email.

 

[TheRealCanadian]

Can USCIS deny wife's 485 because i got permanent residency before her application was received or because they were on the same day?

Of course not. Her eligibility for Permanent Residence is based upon the fact that you were married when you became a Permanent Resident. The fact that her I-485 was filed on the same day is irrelevant.

 

[ginnu]

BTW, we did get all 3 notices for I-485, I-765, I-131

with RD: Jul 2, 2007 ND: Aug 9, 2007

and No biometrics notice YET or 131/765 approval

Green card expiry: Aug 27, 2007.
-------------------------------Green card expiry: Aug 27, 2007??????
10 years from card production date email.

-------

 

[ginnu]

Guys,
I received my green card today.

PD: May 2004, EB3 India
I-485 RD Dec 2004

485 Filed for wife: RD : July 2, 2007 ND: Aug 9, 2007

(we were married in 2006 and wife came to US in 2006 on H4 visa)

The green card says: Resident since July 2, 2007

I know i have asked this before but was assuming that residency date would be Aug 2007 when i received emails/welcome notice.

Can USCIS deny wife's 485 because i got permanent residency before her application was received or because they were on the same day?

Ginnu, TheRealCanadian have previously commented that i should not be worried because her case has been accepted.

However, her case was accepted in the floodgate period, though ND is Aug 9, 2007....way later than them granting me residency. Although RD is still Jul 2.

Sorry for asking again, but is her case in trouble IF USCIS realizes later on that her 485 filing was AFTER my residencey was granted? (and that they accepted her filing because they were overloaded)

If so what are remedies?

----------------------she is ok
Is 245(i) applicable here,?
-----------------NO for Grandfathering 245(i) your LC need to be filed before 30 April 2001
or anything else?

-----------------------

 

[aaifor]

-----------------------

Expiry of GC is 2017, sorry about the typo.

wife's 485 receipt has no PD on it.

We had not filed an I-130 since at that time we are not aware that my PR was approved.

Could USCIS use this as an argument to deny her case saying that we should have filed I-130? And now since PD is Unavailable we cant file I-130, though don't know if we can amend the filed petition and attach an I-130 (do we need to?)

 

[tammy2]

Expiry of GC is 2017, sorry about the typo.

wife's 485 receipt has no PD on it.

We had not filed an I-130 since at that time we are not aware that my PR was approved.

Could USCIS use this as an argument to deny her case saying that we should have filed I-130? And now since PD is Unavailable we cant file I-130, though don't know if we can amend the filed petition and attach an I-130 (do we need to?)

Take it cool. No need of filing I-130 (or I-140) here in case. Since your marriage date is earlier then your GC approval date, you can directly file I-485. She is the beneficiary of your approved I-140.

 

[aaifor]

Take it cool. No need of filing I-130 (or I-140) here in case. Since your marriage date is earlier then your GC approval date, you can directly file I-485. She is the beneficiary of your approved I-140.

Tammy,
Her case has already been filed.

Her application was RD: Jul 2, 2007 with ND : Aug 9, 2007 and was filed as derivative in EB3 category.

I got green card in Sep with Welcome notice ND : Aug 27. 2007 and Permanent Resident Since: July 2, 2007

My apprehension is : Is her filing OK given that we had filed on Jul 2 in EB3 category: The same day that my status as Permanent Resident starts (as per green card). If i am PR since Jul 2, does that effect her filing category as derivative in EB3, give the same date for both?