Urgent..Primary approved...spouse I-485 not filed yet..

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mk0991

Registered Users (C)
Hello,
My wife is here on H4-Visa (valid till July 3, 2005). While I was in process of filing her I-485, mine got approved. Our marrigae took place in january and I was not able to file her I-485 due to priority dates retrogression.

Can I still file her I-485? If yes, What extra documents do we need to attach? Can someone please advice? My attorney hasn't handled this kind of case before.

Thanks in advance!!
mk0991
 
What is your priority date? How come your case got approved without being current? She will be OK if you apply I-485 ASAP if the date is current

Otherwise She should not stay here now. If this stay exceeds six months then she will land up in problems.
 
Last edited by a moderator:
My priority date is May 2002 and it became current last week on May 01, 2005. The attorney fell sick last week and he was ready to file all the papers this week and I just got the email regarding my approval. Do we need to attach any letter (that wee are using 180 days grace period) with my forms?

Thanks for your reply.
 
mk0991 said:
Hello,
My wife is here on H4-Visa (valid till July 3, 2005). While I was in process of filing her I-485, mine got approved. Our marrigae took place in january and I was not able to file her I-485 due to priority dates retrogression.

Can I still file her I-485? If yes, What extra documents do we need to attach? Can someone please advice? My attorney hasn't handled this kind of case before.

Thanks in advance!!
mk0991
Click to expand...

Yes, you can file her I-485. There is nothing exceptional for this kind of cases. Your attorney can file it in as usual way, attaching your I-485 receipt or approval notice with her I-485.
Her H4 is not valid anymore. She should not leave country before she receives her Advance Parole.
 
Thanks for the responses. I spoke with the attorney and he says that You can't apply for I-485 while you are out of status and You should have maintained the valid status since your last entry into US. 180 days grace period (section 245(k) applies only for your Invlid status before your last entry into US. Is it true?
 
Just look for new attorney. Your wife eligible for 245(K) since it is less the 180 days from your approval of GC. If does not have the proper idea he may screw up some where else.
 
One last question: Do I have to send it to the Service Center (Vermont) or Chicago office?
 
mk0991 said:
One last question: Do I have to send it to the Service Center (Vermont) or Chicago office?
Click to expand...

Send it to the same service center. To be honest, you don't really need your stupid attorney (he got 245K backwards) or any attorney for this.

You need to fill out the I-485, I-131, I-765 and G-325 forms, attach the necessary checks, and provide as initial evidence a certified copy of your marriage certificate, and a copy of your I-485 approval notice.
 
How much time left for me to be pending on my fiancee's application???

Guys,

My own I140&485 got denial due to a big mistake by lawyer. My fiancee's I140 in NIW was approved last year in California center. He applied his I485 in Nebraska center in the end of last year due to the move after his I140 submission. Currently he has EAD and AP. He did the fingerprint in the beginning of the year. Right now he has got additional 2 fingerprint notifications with code 2 for biometrics with 2 different scheduling dates. The earlier one is this Thursday. Do you see if there will be any problem with his I485 application?

We have scheduled wedding ceremony in District Court this Friday. I also have sheduled the medical exam next Friday. It takes about 1 week to get the medical exam result. So we are targeting end of May or early June to join me into my fiancee's application.

Do you think this timing should be no problem? Just would like to double check with someone who happens know. Thanks a lot!
 
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