I am on H1, with wife and kids on H4. Nov 2001, filed 485 for myself and kids. Didn't file for wife as we were separating. Now, we are reuniting; she's overseas with kids; her VISA (H4) is valid till 2004. Kids have AP but have NOT utilized yet. Questions: a) can I file her 485 now? b) If yes, how soon can kids use AP after her 485's filing (I am assuming that usage of AP will invalidate H4)? Appreciate any advise/caveats etc.
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Tricky: H1/H4/AP/485/Marital Separation & Reunion
- Thread starter nov2k
- Start date
Did you had any legal paper work at any time of separation ?
Your wife has to be in USA to file 485 before your 485 gets approve. She can come on H4 with kids. Once she is here you can file 485 for her. Having AP and not using it is not a big deal.
a) Yes you can file 485 for her.
b) kid's AP and her 485 are independent issues don't mix them. Why this is an issue since every body is having H4 so let them come on H4 and be happy.
you need to have marriage certificate for future in case you get RFE.
Your wife has to be in USA to file 485 before your 485 gets approve. She can come on H4 with kids. Once she is here you can file 485 for her. Having AP and not using it is not a big deal.
a) Yes you can file 485 for her.
b) kid's AP and her 485 are independent issues don't mix them. Why this is an issue since every body is having H4 so let them come on H4 and be happy.
you need to have marriage certificate for future in case you get RFE.
Originally posted by vipsha
....legal paper work at any time of sep...Your wife has to be in USA to file 485....a) Yes you can file 485 for her....so let them come on H4 ....marriage certificate for future in case you get RFE.
I've been mulling over what Vipsha said and realize now that it makes a lot of sense. I had some paper work at separation. My wife should be here in about a week; we'll file her I485. As to kids, I think I'll file for their H4 VISA's as well.
Vipsha, really appreciate your comments/advise.
Since you filed in Nov'01 so your case might be getting approval soon (may be 2-3 months) so apply 485 for her ASAP along with EAD and AP. you have one week get ready with all the paper work , application and as soon as she gets here file it "WITHOUT DELAY" I am stressing on "NO DELAY POLICY"
Ask her to get all the documents if needed like Birth certificate, marriage certificate, marriage photos etc.
Meanwhile you can have a doctors appointment also to get the medical examinations for her.
Ask her to get all the documents if needed like Birth certificate, marriage certificate, marriage photos etc.
Meanwhile you can have a doctors appointment also to get the medical examinations for her.