Dependent I-485 Denied; what is the process to re-apply?

[billikoot]

Hi forum,
My husband's I-485 was denied, the reason being we did not respond to an RFE which never reached both my home address or my lawyer's office. We have officiated an MTR asking them to provide us with a chance to respond to the RFE and have been waiting for over 3 months regarding this MTR.
Questions - a) what, if at all, would be the denial's impact on my application (mine being primary PD- May 2009)? b)If we become current this FY or next and the denial is still in place will I and my other dependents get their GC as usual? c) The USCIS website says other option is to re-apply - where can I find the process to re-apply just in case, or should I even do it when the lawyers are working on the MTR?

Another situation is that we have new born baby girls born in Jan 2014 and are currently on H-4 from my existing H1-b visa. Question 1) where can I find a procedure to apply for their GC and what will their timeline look like?

Thank you for your suggestions.

[qesehmk]

billi - sorry to hear the situation. I do not know much about RFE so will differ that to others.

But regarding the new borns - if they were born in US - they are already citizens! You don't need a GC for them. They will only need a GC if they were born in India.

Basically you will have to apply for their 485 whenever the date becomes current. As simple as that.

Hi forum,
My husband's I-485 was denied, the reason being we did not respond to an RFE which never reached both my home address or my lawyer's office. We have officiated an MTR asking them to provide us with a chance to respond to the RFE and have been waiting for over 3 months regarding this MTR.
Questions - a) what, if at all, would be the denial's impact on my application (mine being primary PD- May 2009)? b)If we become current this FY or next and the denial is still in place will I and my other dependents get their GC as usual? c) The USCIS website says other option is to re-apply - where can I find the process to re-apply just in case, or should I even do it when the lawyers are working on the MTR?

Another situation is that we have new born baby girls born in Jan 2014 and are currently on H-4 from my existing H1-b visa. Question 1) where can I find a procedure to apply for their GC and what will their timeline look like?

Thank you for your suggestions.

[billikoot]

Thank you Q,

We are maybe one of the few that opted to have our babies born in India. They are on H4 now, but we should plan on applying for their GCs also - although since they are 6 weeks old, I am not in a hurry.

The main question was how do we apply for a dependent I-485 assuming the same situation on both husband & kiddie cases in that 1) the dates are not current and 2) dependents have been added on after the primary applicant has filed for I-485.


Thanks again for your prompt response - very much appreciated. (Wish I had more to contribute to this forum you are running, but am nowhere close to understanding this process).

[billikoot]

When you say - apply whenever the date becomes current - do you mean my PD becoming current?

[qesehmk]

Billi - I am just a regular guy who started this blog because I found this whole process very irritating. The employer and lawyers made it all the more difficult.

So this forums works best when all of us contribute what we know. I doing just that and so please take it only for what it is worth!

First of all big congratulations on the new babies (twins I assume!). American vs Indians doesn't really matter. Regardless of all gloominess about Indian politics - India is definitely moving ahead and already many Indians could care less about GC and US citizenship.

To your question - yes I think as long as your 485 is pending - you can keep adding beneficiaries to it. And the time to do it is when the priority dates are current.

Thank you Q,

We are maybe one of the few that opted to have our babies born in India. They are on H4 now, but we should plan on applying for their GCs also - although since they are 6 weeks old, I am not in a hurry.

The main question was how do we apply for a dependent I-485 assuming the same situation on both husband & kiddie cases in that 1) the dates are not current and 2) dependents have been added on after the primary applicant has filed for I-485.


Thanks again for your prompt response - very much appreciated. (Wish I had more to contribute to this forum you are running, but am nowhere close to understanding this process).