Urgent!!! My I-485 apporved but didn't submit for my spouse yet

T

ttliang

Registered Users (C)
Need help urgent. I applied I-140/485 concurrent on Jan 16, 07. That time I did not submit for my husband because my lawyer told me there was 99% of chance the case would got rejected due to the ability to pay issue. My company had negative number on their tax return / balance sheet since they started the business till now.

With luck, my I-140 got approved dated March 12, 07. The lawyer prepared and sent my husband’s I-485 on April 20th but got rejection notice on May 08 (issued on May 01). It is because they sent the application to the wrong USCIS office, not the one which had my I-140 done.

Within 2 days of my husband’s rejection notice, I received my I-485 approval via email, which we haven’t had enough time to send in my spouse application yet. What should I do??? Do we meet the criteria of following-to-join benefits? My husband is H1-B holder here at the States. We don’t want to wait for another 5 – 10 years for my husband to get his green card. We want freedom to move and to change job ASAP.

Here is my portfolio for your reference and hope any one can help…

PD: 07/2001
LC-EB2: Approved on 11/2006
I-140/485 Concurrent: Applied 01/16/2007
I-140 : Approved 03/12/2007
AP/EAD : Applied 04/19/2007, still pending
I-485 : Approved 05/10/2007

Husband’s case
I-485 / EAD: Applied 04/20/2007
Rejection notice issued 05/01/2007; received by mail 05/08/2007
Reason – The office does not have jurisdiction to accept the application/petition you submitted. The application along with fees, and supporting documentation is returned and received by May 08.
 
Please help. I am search the site but got little confused. Can or can't I apply my husband FTJ since he is already here holding H1b?

FTJ is for those spouses currently not in US. How about those who are in here already holding valid non-immigration visa?
 
I am sorry this happened. If unsure you would have filed only 140 and then file 485. Filing concurrent with out dependent is risky. There are other gurus in the forum who can give you a better answer.

This is what i found on Murthy.com

" It is vital that the marriage occur before the green card case (I-485) is approved. If the primary applicant marries before approval of the I-485, the new spouse will be entitled to derivative immigration benefits. S/He is entitled to the same preference category as the primary beneficiary and the same priority date. This is true even if the marriage occurs well after the establishment of the priority date."

NOTE : In the above statement, it says that the marriage occur before the 485 is approved. It doesn't say about 485 being filed for the spouse. If you can prove that the marriage occured before 485 is approved, you are good. It would be more strong if the marriage took place in US, but it doesn't matter.

Further clarification, notes about the consular processing

"If the derivative spouse cannot enter the U.S. on a nonimmigrant visa for any one of a number of reasons, it is necessary to consular process for an immigrant visa. This may occur after the primary beneficiary has obtained the approval of the I-485 or both spouses decide to consular process the two cases to obtain permanent residence together. If the principal decides to continue the pending I-485 application, there could be longer waiting periods resulting from the substantial increase in paperwork. Unless the priority dates retrogress, there would not be a priority date waiting time. There is no need for a family-based petition, as the spouse is part of the existing green card case. "

http://www.murthy.com/fmlytous.html

Hopes this helps.

GC_TSC


ttliang said:
Please help. I am search the site but got little confused. Can or can't I apply my husband FTJ since he is already here holding H1b?

FTJ is for those spouses currently not in US. How about those who are in here already holding valid non-immigration visa?
Click to expand...
 
Thank you very much. What a release after reading your post. Now I have strong info to challenge my lawyer when I met her tomorrow. We married even before I filed my LC so I think this should be strong case not to put my husband in FB-2A but instead using my approved I-485 / Priority Date...

Once again, thanks very much!!
 
Here is what happened. My lawyer ensures me there won't be any problem to file my husband after my approval based on EB2/RIR. She did AOS (FTJ) for him but not I-824 since he is already here with valid H1B. It was sent to TX service center where my case got approved. Regular waiting time is about 9 to 12 months now according to the lawyer.

I will keep updating if any REF or problem encountered. Thanks for you all:)
 
Update -

Got my husband's fingerprint notice (code 3) today:) They accepted our FTJ case..happy.

Here is the timeline to share with everyone:

Primary approval (EB2) 05/11/2007
AOS (FTJ - Spouse in US with H1) mailed (re-sent*) 05/14/2007
RD 05/22/2007
ND 05/24/2007
FP #3 06/22/2007
 
Update for everyone -
Spouse I485 got approved 9/14/07. Eventhough no card mailed email, we received his card on 9/19/07:)

Primary approval (EB2) 05/11/2007
AOS (FTJ - Spouse in US with H1) mailed (re-sent*) 05/14/2007
RD 05/22/2007
ND 05/24/2007
FP Code 3 06/22/2007
 
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