485 adding spouse

I had applied for my 485 before the dates retrograded. After that I got married in the interim. My wife is here on H1b. I received the June RFE for employer letter/employment status. The dates became current in august. I applied for my spouse without responding to my RFE. So USCIS receives her application before my application got approved. Now I have the receipt notice for my wife..Can i respond to my RFE now? how do i know that my wife's application got associated to my application? if I respond to my RFE now and my application gets approved does my wife go out of status immediately?

USCIS will be able to link your wife's application to your application using A# from the approved i-140 that you/your lawyers MUST have submitted to USCIS while applying for AoS(i-485) for your wife on 1 Aug 2013 when your dates became current.

I have a case similar to your case where in I have been working on EAD (applied in July 2007) and my wife is on H1B since my dates were never current till 1 Aug 2013. I was not eligible to apply for her during 2011-2012 because I ported in Aug 2012.

I got this information while speaking to a very nice L2 officer on 5 July 2013 when I had called to check the status of my Eb3-Eb2 upgrade/porting. Since I did not have receipt number for my Eb2 i-140, the officer looked up using my A# and gave me all the information I needed. She also told me that she did not see any dependent associated/linked with my A#. She said that once my dates become current and I apply for my wife's AOS, her application will be liked to mine using A# on EB2 approval notice.

Since you have already submitted your wife's application and got a receipt number, and your i-485 was not approved till yesterday, there is no question of your wife being out of status. May be gurus like Spec,Q ,vizcard, kanmani, Matt or other can throw some more light on this.

Thanks Niksammy. If I call USCIS will they be able to verify if my pending 485 now has a dependent associated to it.

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Originally Posted by rajreka

Thanks Niksammy. If I call USCIS will they be able to verify if my pending 485 now has a dependent associated to it.

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Technically speaking, it should be done by now since the whole process is automated( my guess ). But I would suggest to wait for at least 4-5 weeks from the date your spouse's i-485 application was received by USCIS.

I had called USCIS 10 days after my interfiling letter had been received by USCIS and the L2 officer told me that I should have waited for 4-5 weeks before calling. It is a totally different thing that she gave me all the information I needed - so I guess it depends on mood of L2 officer as well. Hope this helps.

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Originally Posted by rajreka

I had applied for my 485 before the dates retrograded. After that I got married in the interim. My wife is here on H1b. I received the June RFE for employer letter/employment status. The dates became current in august. I applied for my spouse without responding to my RFE. So USCIS receives her application before my application got approved. Now I have the receipt notice for my wife..Can i respond to my RFE now? how do i know that my wife's application got associated to my application? if I respond to my RFE now and my application gets approved does my wife go out of status immediately?

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rajreka,

If your wife has her own independent H1B status, she wouldn't have gone OOS anyway.

That might apply to an H4 depending on the primary maintaining H1B status, but it is hardly a problem for a short period due to 245(k).