What about Dependant VISA numbers from July 1st?

G

gcaaa111

Registered Users (C)
POJ or others,

What about VISA numbers for dependants from July 1st for approved primary applicants? I have to apply my family 485. But my useless attorney is delaying..... I need your advise.

My 485 is approved and my wife came on H1 recently after a long vacation. Now my attorney is saying we have to wait for 2 pay stubs for your wife. She just started work yesterday. So she has to wait atleast 1 month to get them. Will they be able apply after 1st July
 
In your case, your wife might have to treated as family-based petitioned if you sponsored her. Or if her employer file petition on her behalf, she better try other employ-based categort orther than EB3.

I also want to know whether spouse's I485 is treated as separate visa or spouse's approval is charge against the visa quota?

I am not a lawyer.


Goog luck
 
gcaaa111 said:
POJ or others,

What about VISA numbers for dependants from July 1st for approved primary applicants? I have to apply my family 485. But my useless attorney is delaying..... I need your advise.

My 485 is approved and my wife came on H1 recently after a long vacation. Now my attorney is saying we have to wait for 2 pay stubs for your wife. She just started work yesterday. So she has to wait atleast 1 month to get them. Will they be able apply after 1st July
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Change your attorney if you have to and file for your dependents 485. You will not be able to file it after this month.
I do not understand why your attorney is waiting for your wife's pas stubs, that is irralevent. She is your dependent and that is it, she is not applying on her own.
Dependents also need visa numbers to be current to file.
 
HI, Eric:

given his I485 is approved, does he still able to file her dependent's case to join.

Also, last sentence seems to suggest that the dependent is charging against the visa quota too.

am I right
 
My wife and daughter are planning apply based on my 485

Robert8,

My wife and daughter are planning apply based on my 485. She is not applying her own.
 
that is exactly my concern.

Many people in this forum mentioned that if your I485 is pending, your spouse and children are able to join you in the line.

However, once your I485 is approved, you finished your line and they are dependent of permanent resident now, which means a family-based case.

I might be wrong(not a lawyer), wait for more answer.

Check with your lawyer too.

Good Luck
 
Robert8 said:
HI, Eric:

given his I485 is approved, does he still able to file her dependent's case to join.
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Yes, the marriage date should be before 485 approval date. Search for follow to join in the forum for more information. One thread, although not the same situation but has some discussion on FTJ:
http://www.immigrationportal.com/showthread.php?t=176901
Also, last sentence seems to suggest that the dependent is charging against the visa quota too.
am I right
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Yes, Primary and each dependent count towards Visa numbers on their own. This is my understanding.
 
Ok, so the distinction between filing "follow to join" or family-based is based on the temperal relationship between marriage date and approving date, rather than the relationship between approving date and file date of "follow to join"

Am I right?
 
Robert8 said:
Ok, so the distinction between filing "follow to join" or family-based is based on the temperal relationship between marriage date and approving date, rather than the relationship between approving date and file date of "follow to join"

Am I right?
Click to expand...

Yes. FTJ applies when relationship (marriage) already exists before granting PR status to pairmary applicant.
 
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