Tips for prolonging 485 approval

D

doesitmatter

Registered Users (C)
Hello,
I am single, from India, I-140 approved and at the 485 stage, PD current is current. I would like to get to 6 month elibility stage without getting I-485 approved, inorder to be eligible for adding spouse later in FTJ or AOS status.

The one tip I have heard is postponing FP. Can someone please comment on

1. How long it takes to get the first FP notice, generally...?

2. How many times can it be pushed out? How much time does it usually buy?

3. Are there any good reasons required to PUSH it out?

Any other tips for prolonging 485 approval?

Thanks!
 
doesitmatter said:
Hello,
I am single, from India, I-140 approved and at the 485 stage, PD current is current. I would like to get to 6 month elibility stage without getting I-485 approved, inorder to be eligible for adding spouse later in FTJ or AOS status.

The one tip I have heard is postponing FP. Can someone please comment on

1. How long it takes to get the first FP notice, generally...?

2. How many times can it be pushed out? How much time does it usually buy?

3. Are there any good reasons required to PUSH it out?

Any other tips for prolonging 485 approval?

Thanks!
Click to expand...
hey doesitmatter... do you know about any good links where I can read a HOWTO on adding spouse later in FTJ or AOS status

thanks
 
Last edited by a moderator:
• Once you marry her before her I-485 is approved and you file your own I-485 before her I-485 application, you will be able to file "accompanying beneficiary" I-485. If you marry her before her I-485 is approved but your I-485 was not filed until her I-485 is approved, you can still file your I-485 as a "following-to-join" alien derivative beneficiary. In both of these cases, your priority date will be your wife's priority date which is 1999 under EB-2 category.
• So long as the marriage took place before the primary applicant became a permanent resident, then the spouse can apply as a derivative at any time afterwards. Where I think the six months comes from is that if the spouse has entered on a derivative visa status like H-4 or TD, then once the primary spouse becomes a permanent resident, the dependent falls out of status. Once 180 days (six months, I guess) have passed, 245k benefits are no longer available and the spouse must use consular processing, but even that doesn't take 4 years.
• Big thread http://boards.immigrationportal.com/showthread.php?t=96693
• http://www.immigration-law.com/Visa Retrogression Q&A.html
o Q14
• http://boards.immigrationportal.com/showthread.php?t=84967
• http://boards.immigrationportal.com/showthread.php?t=137018
• http://www.uscis.gov/graphics/howdoi/appproc.htm#Following
• http://www.immigrationportal.com/showthread.php?t=135839
• http://www.murthy.com/news/UDmar485.html
• http://www.murthy.com/news/n_retspo.html
 
arouncoumar said:
• Once you marry her before her I-485 is approved and you file your own I-485 before her I-485 application, you will be able to file "accompanying beneficiary" I-485. If you marry her before her I-485 is approved but your I-485 was not filed until her I-485 is approved, you can still file your I-485 as a "following-to-join" alien derivative beneficiary. In both of these cases, your priority date will be your wife's priority date which is 1999 under EB-2 category.
• So long as the marriage took place before the primary applicant became a permanent resident, then the spouse can apply as a derivative at any time afterwards. Where I think the six months comes from is that if the spouse has entered on a derivative visa status like H-4 or TD, then once the primary spouse becomes a permanent resident, the dependent falls out of status. Once 180 days (six months, I guess) have passed, 245k benefits are no longer available and the spouse must use consular processing, but even that doesn't take 4 years.
• Big thread http://boards.immigrationportal.com/showthread.php?t=96693
• http://www.immigration-law.com/Visa Retrogression Q&A.html
o Q14
• http://boards.immigrationportal.com/showthread.php?t=84967
• http://boards.immigrationportal.com/showthread.php?t=137018
• http://www.uscis.gov/graphics/howdoi/appproc.htm#Following
• http://www.immigrationportal.com/showthread.php?t=135839
• http://www.murthy.com/news/UDmar485.html
• http://www.murthy.com/news/n_retspo.html
Click to expand...

Thanks a lot Arun. Thats a lot of info.
 
arouncoumar said:
• Once you marry her before her I-485 is approved and you file your own I-485 before her I-485 application, you will be able to file "accompanying beneficiary" I-485. If you marry her before her I-485 is approved but your I-485 was not filed until her I-485 is approved, you can still file your I-485 as a "following-to-join" alien derivative beneficiary. In both of these cases, your priority date will be your wife's priority date which is 1999 under EB-2 category.
• So long as the marriage took place before the primary applicant became a permanent resident, then the spouse can apply as a derivative at any time afterwards. Where I think the six months comes from is that if the spouse has entered on a derivative visa status like H-4 or TD, then once the primary spouse becomes a permanent resident, the dependent falls out of status. Once 180 days (six months, I guess) have passed, 245k benefits are no longer available and the spouse must use consular processing, but even that doesn't take 4 years.
• Big thread http://boards.immigrationportal.com/showthread.php?t=96693
• http://www.immigration-law.com/Visa Retrogression Q&A.html
o Q14
• http://boards.immigrationportal.com/showthread.php?t=84967
• http://boards.immigrationportal.com/showthread.php?t=137018
• http://www.uscis.gov/graphics/howdoi/appproc.htm#Following
• http://www.immigrationportal.com/showthread.php?t=135839
• http://www.murthy.com/news/UDmar485.html
• http://www.murthy.com/news/n_retspo.html
Click to expand...

Hey Arun... why did you say this -- "your priority date will be your wife's priority date which is 1999 under EB-2 category"? I mean where did you get that date from? I assume you were refering to EB-2 for India....
 
ahaly said:
Hey Arun... why did you say this -- "your priority date will be your wife's priority date which is 1999 under EB-2 category"? I mean where did you get that date from? I assume you were refering to EB-2 for India....
Click to expand...
You can just ignore that sentence. It is specific to a case. I dont remember where I took it from.
 
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