Filing I-485 for Dependents

All,
Been following this site for some time now. This is the best site out there for GC related discussions. Thank you all for the insight into the GC process.
I am current now after this bulletin(PD jan 17 07).
Yay!!!!!!!!!!!!!!!

I had already filed 485 during july 07 "incident" and need to add my wife to the 485 now.
She is currently on H4.
From what i know, the lawyer cannot send her app package off till july 1. Is that correct?

What happens if i get my GC before that? Is that a possibility?
regds

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Originally Posted by viypr07

All,
Been following this site for some time now. This is the best site out there for GC related discussions. Thank you all for the insight into the GC process.
I am current now after this bulletin(PD jan 17 07)
I had already filed 485 during july 07 "incident" and need to add my wife to the 485 now.
She is currently on H4.
From what i know, the lawyer cannot send her app package off till july 1. Is that correct?

What happens if i get my GC before that? Is that a possibility?
regds

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That's correct, As long as your wife application is filed on July 01, should be fine.

Veni001, Thank you for replying. One more question : Do the GC's for folks who got current in this July Bulletin start getting approved only starting July 1?

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Originally Posted by viypr07

Veni001, Thank you for replying. One more question : Do the GC's for folks who got current in this July Bulletin start getting approved only starting July 1?

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viypr07,
Yes, that's the normal procedure!

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Originally Posted by viypr07

Veni001, Thank you for replying. One more question : Do the GC's for folks who got current in this July Bulletin start getting approved only starting July 1?

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Correct. GC cannot be approved until PD is current, which does not happen until the beginning of the month.

Others have already answered part of it. You will be current on July 1st which is when you wife can file. But she can file even AFTER you obtain your GC and funnily she can actually then file under FB as spouse of a green card holder. In other words ... her GC is safe regardless how soon you get yours.

Quote:

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Originally Posted by viypr07

All,
Been following this site for some time now. This is the best site out there for GC related discussions. Thank you all for the insight into the GC process.
I am current now after this bulletin(PD jan 17 07).
Yay!!!!!!!!!!!!!!!

I had already filed 485 during july 07 "incident" and need to add my wife to the 485 now.
She is currently on H4.
From what i know, the lawyer cannot send her app package off till july 1. Is that correct?

What happens if i get my GC before that? Is that a possibility?
regds

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AngryClubs, Veni001, Ok good to know that! I am in a unique situation where i do not want the GC to come before i can add my wife to 485 :)

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Originally Posted by viypr07

AngryClubs, Veni001, Ok good to know that! I am in a unique situation where i do not want the GC to come before i can add my wife to 485 :)

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viypr07,
You are not alone, i know few people in the exact same situation.
Good Luck.

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Originally Posted by qesehmk

Others have already answered part of it. You will be current on July 1st which is when you wife can file. But she can file even AFTER you obtain your GC and funnily she can actually then file under FB as spouse of a green card holder. In other words ... her GC is safe regardless how soon you get yours.

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Q,
"But she can file even AFTER you obtain your GC and funnily she can actually then file under FB as spouse of a green card holder"

Is this because F2A for India is 22MAR08 ?

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Originally Posted by veni001

viypr07,
You are not alone, i know few people in the exact same situation.
Good Luck.

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i am one of them

Since this issue popped up, I am asking a related question. One my friend is scheduled to get married in India this Dec. Based on the recent surge of EB2-I movement his PD (July'07) might be current in Aug or Sep bulletin. Is there a possibility by which one can defer the GC approval by a few months so that he can add her wife prior to his GC approval? I guess it can happen that USCIS doesn't touch his application at all in a few months, but I am not considering that situation. He didn't expect the visa dates to move this fast and that being one of the reason he planned his marriage for Dec. Also, on a related note, if one receives a RFE on a pending I485 application, the time to reply back is usually 30 days, right?

Thanks for any input on the same!

That's right. But first lets make one thing clear. Spouse can file 485 even after the primary applicant receives green card.

However, it is easier to get one under the same category as husband since then her PD would be same as his.

However if she files as FB then most likely her PD will be todays date and that's a problem isn't it?

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Originally Posted by viypr07

Q,
"But she can file even AFTER you obtain your GC and funnily she can actually then file under FB as spouse of a green card holder"

Is this because F2A for India is 22MAR08 ?

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PCH ... since the guy is getting married he probably needs bigger and nice space. If he doesn't have one now, he can change address and then send address change to USCIS. If the address change is more than 50 miles or so it will generate an RFP and that will delay his approval. Just being a bit creative here.

However as long as they are married BEFORE he was approved for a card, my understanding is that the wife can enjoy the benefit of his application and directly file 485.

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Originally Posted by pch053

Since this issue popped up, I am asking a related question. One my friend is scheduled to get married in India this Dec. Based on the recent surge of EB2-I movement his PD (July'07) might be current in Aug or Sep bulletin. Is there a possibility by which one can defer the GC approval by a few months so that he can add her wife prior to his GC approval? I guess it can happen that USCIS doesn't touch his application at all in a few months, but I am not considering that situation. He didn't expect the visa dates to move this fast and that being one of the reason he planned his marriage for Dec. Also, on a related note, if one receives a RFE on a pending I485 application, the time to reply back is usually 30 days, right?

Thanks for any input on the same!

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Originally Posted by Kanmani

If Viypr07's spouse is filing under F2A category , she has to wait for her priority date to be current am I right?
I guess she cannot use her husband's PD if he is already a GC holder.

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If F2A then the PD will be different from husband. But she can use husband's PD if they were married when he received green card.

As long as the marriage took place before the Primary received approval of the I-485, the spouse can file as a derivative of the EB case, generally as long as they file within 180 days of the Primary approval.

I say generally, because an H4 for instance, becomes out of status when the H1B holder receives GC approval. However, 245(k) allows up to 180 days out of status without compromising the ability of the derivative's I-485 to be approved. Once the I-485 is accepted by USCIS, they take the position that there can be no further status violation, since the person is then in a period of Authorized Stay.

As a "Follow To Join" application via Consular Processing, only the fact that the marriage took place before the Primary's GC approval would be important.

If the marriage takes place after the Primary receives approval of the I-485, then the only route is via F2A and an I-130.

The Definition of a marriage is given in INA 101(35)

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The term "spouse", "wife", or "husband" does not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically present in the presence of each other, unless the marriage shall have been consummated.

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This extract from the FAM adds more detail http://www.state.gov/documents/organization/86920.pdf

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Originally Posted by qesehmk

However as long as they are married BEFORE he was approved for a card, my understanding is that the wife can enjoy the benefit of his application and directly file 485.

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Process is called "Follow To Join:. Search for it on Google. Your wife WOULD be eligible for FTJ provided you get married before adjustment is approved. You need to file I-824. Check with your lawyer if person who is in US can file I-824. .



Q: BTW, I want to thank you and everyone over here from whom I learned at lot. I got Current today, I am one of those PWMBs with late 2006 Priority Date who was royally screwed by the attorney for submitting incorrect filing fees on 1 Aug 07. Finally after long wait I will get chance to file I-485, but this does not mean I am going anywhere. I will keep posting whenever I would disagree with Gurus over here or when I will come across any interesting information to share here. Cheers. :)

Thanks all for the suggestions! I know that his medical details are incomplete, so I will assume that it will generate a RFE while I485 adjudication. Is 30 days the standard time to reply to a RFE on pending I485 apps?

Q...this is very good information which lot of people have questions on....please open a separate thread for this info rather than letting it bury in this thread...

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Originally Posted by Spectator

As long as the marriage took place before the Primary received approval of the I-485, the spouse can file as a derivative of the EB case, generally as long as they file within 180 days of the Primary approval.

I say generally, because an H4 for instance, becomes out of status when the H1B holder receives GC approval. However, 245(k) allows up to 180 days out of status without compromising the ability of the derivative's I-485 to be approved. Once the I-485 is accepted by USCIS, they take the position that there can be no further status violation, since the person is then in a period of Authorized Stay.

As a "Follow To Join" application via Consular Processing, only the fact that the marriage took place before the Primary's GC approval would be important.

If the marriage takes place after the Primary receives approval of the I-485, then the only route is via F2A and an I-130.

The Definition of a marriage is given in INA 101(35)



This extract from the FAM adds more detail http://www.state.gov/documents/organization/86920.pdf

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Spectator,
Thank you for this information. My lawyer was talking about something similar. Good to know there is an option even after priimary GC gets approved.

My PD got current on 1st of June and I had to add my wife [who is on H4] only after 1st June.

I sent all my papers to my lawyer and he said he would be mailing it to USCIS tomorrow.

Today I got a mail from USCIS saying that my I-485 is approved and has been sent for card production, I will be receiving it within 30 days.

I was shocked to see it, I immediately called our Legal department and spoke to my Lawyer.

He said its not an Issue as I was married before my I-485 was approved and I can file anytime within the grace period.

According to him it is 1 year after the I-485 was approved, I checked Murthy dot com, One of their article says that this is a common problem and one can file within 90 days.

I am not sure how long will it take for my wife to get GC ???

Hi Guys -

My PD is 09 Mar 2007 (yeah, missed it by a day :p). I was not married when I filed my 485 during the July fiasco and have to file my spouse's 485 in August, hopefully if my date becomes current.

I was reading through the documentation and the process does not seem particularly onerous. Do you guys have any experience filing a 485 for your spouse by yourself, or do you recommend getting a lawyer to do it for you?

Do I have to do anything else besides filling out the form appropriately in order to indicate that this petition should be attached to mine?

TIA for your help.

We discussed this a couple of weeks back. The process is known as "Follow-to-join". It is advisable to have a lawyer help you.

Basically what happens is your wife can apply for 485 even if you get approved but then she can enjoy your PD since you were already married when you received your GC.

p.s. - That ... if you receive your GC before you could file for her. But its possible that you may be able to file for her next month (assuming PD becomes current) before you being approved.

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Originally Posted by victorian

Hi Guys -

My PD is 09 Mar 2007 (yeah, missed it by a day :p). I was not married when I filed my 485 during the July fiasco and have to file my spouse's 485 in August, hopefully if my date becomes current.

I was reading through the documentation and the process does not seem particularly onerous. Do you guys have any experience filing a 485 for your spouse by yourself, or do you recommend getting a lawyer to do it for you?

Do I have to do anything else besides filling out the form appropriately in order to indicate that this petition should be attached to mine?

TIA for your help.

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Originally Posted by qesehmk

We discussed this a couple of weeks back. The process is known as "Follow-to-join". It is advisable to have a lawyer help you.

p.s. - That ... if you receive your GC before you could file for her. But its possible that you may be able to file for her next month (assuming PD becomes current) before you being approved.

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Yes, I was referring to the second scenario basing my conclusion in my trust in the efficiency (or lack thereof) of USCIS employees, that they won't approve my case on August 1st :p . I think that is a pretty safe assumption.

In this scenario, is it still advisable to get a lawyer? I just asked for a quote and they came back with $1495 flat fee including consultation, filing, RFE etc. In addition to this, there is, of course, the $1070 USCIS filing fee + medical fees. It all adds up pretty fast.

I guess I just need a sanity check. Would I be foolish not to engage a lawyer to save $1500?

No you wound't be foolish. Its a safe risk you can take. Worst case is you get your GC anyway and the wife is left high and dry for a while. But then you can always file for her under "follow-to-join" and that time you involve lawyer.

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Originally Posted by victorian

Yes, I was referring to the second scenario basing my conclusion in my trust in the efficiency (or lack thereof) of USCIS employees, that they won't approve my case on August 1st :p . I think that is a pretty safe assumption.

In this scenario, is it still advisable to get a lawyer? I just asked for a quote and they came back with $1495 flat fee including consultation, filing, RFE etc. In addition to this, there is, of course, the $1070 USCIS filing fee + medical fees. It all adds up pretty fast.

I guess I just need a sanity check. Would I be foolish not to engage a lawyer to save $1500?

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Originally Posted by tedtom

My PD got current on 1st of June and I had to add my wife [who is on H4] only after 1st June.

I sent all my papers to my lawyer and he said he would be mailing it to USCIS tomorrow.

Today I got a mail from USCIS saying that my I-485 is approved and has been sent for card production, I will be receiving it within 30 days.

I was shocked to see it, I immediately called our Legal department and spoke to my Lawyer.

He said its not an Issue as I was married before my I-485 was approved and I can file anytime within the grace period.

According to him it is 1 year after the I-485 was approved, I checked Murthy dot com, One of their article says that this is a common problem and one can file within 90 days.

I am not sure how long will it take for my wife to get GC ???

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Ted,
"I am not sure how long will it take for my wife to get GC ??? "
Similar situation myself, my spouse will be added on July 1(I get current on July 1)

https://egov.uscis.gov/cris/processTimesDisplayInit.do

Dont know where 485 of your spouse has been sent. Check above for approx processing times.

Current processing times for I485 at TSC - backlogged at October 31, 2010 . EAD/AP is about 3 months. So my guess would be your spouse should be able to get the EAD/AP earlier. GC might be a wait as per my lawyer.

Spectator,

I have been reading the same on several forums on 180 days grace period. Do you have any link or memo from USCIS that outlines this? I searched, but could not find it.

Thank you.

Quote:

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Originally Posted by Spectator

As long as the marriage took place before the Primary received approval of the I-485, the spouse can file as a derivative of the EB case, generally as long as they file within 180 days of the Primary approval.

I say generally, because an H4 for instance, becomes out of status when the H1B holder receives GC approval. However, 245(k) allows up to 180 days out of status without compromising the ability of the derivative's I-485 to be approved. Once the I-485 is accepted by USCIS, they take the position that there can be no further status violation, since the person is then in a period of Authorized Stay.

As a "Follow To Join" application via Consular Processing, only the fact that the marriage took place before the Primary's GC approval would be important.

If the marriage takes place after the Primary receives approval of the I-485, then the only route is via F2A and an I-130.

The Definition of a marriage is given in INA 101(35)



This extract from the FAM adds more detail http://www.state.gov/documents/organization/86920.pdf

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