Tracker: Waiting for Derivative's I-485 Approval

Writ of Mandamus. Basically, you go to court for a writ that a public/government agency (in our case here, CIS, FBI) perform an act required by law when they have neglected/refused to do so. It is more difficult to win it against CIS now than before, but it's still there. Search the forums here, you will find a lot of information from people who actually experienced a petition.

sarwarmd said:
what is WOM?
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I think KnowDOL meant to say that at this pace the spouse might still have to be waiting for GC when the primary becomes eligible for citizenship application. As you said, when the primary becomes a citizen, then s/he can file for their spouse on a much easier category... then again, this means the spouse hasn't got it approved more than 5 years after the primary's approval, which is nothing but just atrocious.

no_id said:
Why would the primary applicant (who has been already been approved) have to wait a long time for citizenship even if their respective spouses are not approved ? Or am I missing something ?
In fact, if they become USC, then their spouses' cases will be given a different priority (no retrogression attached).
Btw, I have been waiting 2.5 yrs for my spouse's approval too, but there are very few things one can do. We have tried all the usual stuff, and at this point I am not sure we want to get into the hassle of approaching the court just yet.

no_idEAS.
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That's good news. So sounds like they still don't care about Oct bulletin? I guess that's the biggest concern now.

StillAlive said:
I called my congressman today to follow up about my spouse case. They said just received response from TSC, that her name check is completed, that is a good sign, we will follow up for the rest.

All the frickin Infopass visited so far keep saying all security and name check clear.
They will send written response to me, I don't know this will carry any proof that namecheck was completed.

Waiting continues.......
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no_id,
Once four year period reaches primary will be USCitizen and spouse will still be on AOS pending or with GC. I meant for a period of time one partner will be USCitizen and the other is on AOS pending. It did not trigger to me that USCitizen can apply for citizenship for spouse even when spouse's AOS is pending. If spouse can get Citizenship within 6 months after the primary gets Citizenship, then derivative pending may not be a big deal.


no_id said:
Why would the primary applicant (who has been already been approved) have to wait a long time for citizenship even if their respective spouses are not approved ? Or am I missing something ?
In fact, if they become USC, then their spouses' cases will be given a different priority (no retrogression attached).
Btw, I have been waiting 2.5 yrs for my spouse's approval too, but there are very few things one can do. We have tried all the usual stuff, and at this point I am not sure we want to get into the hassle of approaching the court just yet.

no_idEAS.
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knowDOL said:
no_id,
Once four year period reaches primary will be USCitizen and spouse will still be on AOS pending or with GC. I meant for a period of time one partner will be USCitizen and the other is on AOS pending. It did not trigger to me that USCitizen can apply for citizenship for spouse even when spouse's AOS is pending. If spouse can get Citizenship within 6 months after the primary gets Citizenship, then derivative pending may not be a big deal.
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You are right, primary will be USC and derivative will be pending GC, but in that case there are several things that are actually possible:
1. Spouse of USC is not subject to retrogression, and barring any security checks pending, should get their GC immediately (GC will have three year bar)
2. After 3 years, the bar can be lifted (provided the couple is still together) and the derivative can apply for citizenship immediately.

I know this is a terrible situation, but there is very little you can do.

no_idEAS.
 
Three years is a long time, especially if one is planning to move to home country after getting citizenship, to avoid visa issues in future. Did you write to USCIS director? Writing to senator and first lady may help. We are going to approach washington after 30 days from now if we still did not get derivative GC.
 
Spouse I485 is pending

My GC approved last week and waiting for my wife's case and there is no update or LUD change since May-2006.

EB3, VSC
PD:03/2001
I!40: RD: 04/22/05, AD: 08/22/07
I485: RD: 04/22/05, AD: 10/10/07: CR:10/16/07
I485 (Spouse): RD: 04/22/05, LUD: 05/06 (Addr change): AD: ????
 
Welcome to the club, we have very good company here :)

slkrk said:
My GC approved last week and waiting for my wife's case and there is no update or LUD change since May-2006.

EB3, VSC
PD:03/2001
I!40: RD: 04/22/05, AD: 08/22/07
I485: RD: 04/22/05, AD: 10/10/07: CR:10/16/07
I485 (Spouse): RD: 04/22/05, LUD: 05/06 (Addr change): AD: ????
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Hi,

I am waiting for spouse approval more than 3 years after my approval. I am trying to make all the attempts to make any progress in the pending case. I wrote a letter to FL more than 4 months back and given all the hopes for any response.

Yesterday, I received a response from FL office stated as below,

"When your spouse case was approved in 2004 , your background check was pending and we could not move forward even though visa was available. Currently you are not pending any BC checks , but visa is not available.
Your case is on a list to be move forward by NSC when visa become available, NSC will notify the decison by mail"


Since I am EB3 and from retro country(PD is Sep 2001), god knows when the visa available.

I believe it took more than 4 years to complete BC for a female applicant -- unbeliveable.

I do not know what is my next step?.

Thanks
 
LUD changed on Sunday

Hi All,
I have LUD changed for my 3rd derivative i.e. second daughter today i.e. on Sunday 10/21/2007. Please see my signature. Obviously, I am trying to understand the logic or new step of uscis.
Can you think of any thing based on this!
 
In today's infopass, my spouse is told that the processing times count from the date the RFE is received and case will be out of processing times only after six months after RFE received date. The IO told that once RFE is received if numbers are not available the application will be put in general queue. Even if the numbers are available now (after 85 days the RFE is received) the 60 day window is no longer valid.

And the EAD is expiring by 25th OCT, he did not issue Interim EAD but sent an email to expedite the EAD processing. Just waiting for card order emails with fingers crossed.
 
Update

Some new cases + approvals added. There are many derivative pending cases joining the club recently, and since the first quarter is typically slow, we really do not have so many celebrations here, unfortunately :(.
 
Spouse's RFE responded

We send the response to RFE on 10/17/07 and I did not know when they received it. On 10/22/07 received email about the RFE received on 10/19/07 and the LUD was on 10/22/07. I see another LUD today...

RFE was for incomplete medical and Proof of status since the day of entry till the day AOS filed.

Now, waiting...and checking the site and emails for the good news.
 
My spouse got an RFE to prove his lawful presence.

He came to this country in 2001 , but they have asked from April 1997.

So we might have to prove that too ):
 
StillAlive said:
So now you scared all of us waiting here :(
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Yes i got scared when i got my attoney's email. But afte after i could find all his I-797(H4 approvals) i was relevied. There is no break in his papers.

But the very first time he entered is just with Visa on his passport and no H4 paper.So we have to use his passport as a proof.
 
Change of LUD

Hi,
I see a change of LUD for my daughter. Please have a look at the signature. Does it give any clues!
Thanks,
 
To all who have been waiting on their derivative's approval:

I have been a silent reader mostly during the last couple of years; My 485 was approved on EB1-C (Multinational Manager Category) back in January of 07, however due to my wife's pregnancy and her RFE on her incomplete Medicals we couldn't get her medicals in up until April 12th (a week before the RFE deadline for response).

Since April the only update that we had online was that the "Your response to the RFE was received,... we will notify you within 60 days..". After umpteen calls to USCIS Customer care, earlier this month, we initiated a Service Request. The agent was very kind and assured us that we would be notified within 30 days and this case should have been approved long ago.

On the 12th of October my wife received the Welcome Message and her Card the following week.

Y'all don't lose hope, your/dependent case will be approved soon.

shoskere

EB1C (India)/PD: 04/11/06
140: RD:04/11/06; AD: 12/14/06
485 (Self): RD:09/13/06; AD: 01/23/07
485 (Spouse): RD: 09/13/06; RFE (Medicals: Incomplete vaccinations, X-ray): 01/23/07; RFE Response: 04/12/07; SR: 10/04/07; AD: 10/12/07; CR: 10/19/07
 
Congratulations shoskere. You must be feeling relieved. Wish you the best of luck with your life after GC.

sarwarmd, I would think that is a good sign, definitely. They are working on the kids' folders. Have they done biometrics yet?
 
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