View Full Version : Green Card Approved -Wife's 485-AOS filed on same date
subikarthik
09-02-2009, 12:38 PM
Hi,This is Subha..Need an urgent info..My husband's green card status just turned"Card production ordered" as of 1 Sep 09..He had filed his 485 before we got married..I m now on H4 and we filed for my 485 - AOS on the same date (1 Sep ) as we had priority dates current as of that date..
We are a bit tensed as my 485 AOS was filed on the same day as his green card was approved..we read that if we are married before the final approval then we are safe..we got married 6 months back(March)...Will there be any problem ..Has anyone come across similar situation before ??Thanks.
gc_check
09-02-2009, 12:43 PM
Hi,This is Subha..Need an urgent info..My husband's green card status just turned"Card production ordered" as of 1 Sep 09..He had filed his 485 before we got married..I m now on H4 and we filed for my 485 - AOS on the same date (1 Sep ) as we had priority dates current as of that date..
We are a bit tensed as my 485 AOS was filed on the same day as his green card was approved..we read that if we are married before the final approval then we are safe..we got married 6 months back(March)...Will there be any problem ..Has anyone come across similar situation before ??Thanks.
You should be fine. Happened to a colleague of mine, In his case, he mailed his spouse 485 papers couple days after his 485 was approved. The attorney should know the process.. I think you papers must be filed within 180 days or something like that. The dependent also received the GC in 3-4 months time. This incident I know happened during July 07 Fiasco. So nothing to worry, but talk to your attorney and they will handle it for you.
roseball
09-02-2009, 01:03 PM
Hi,This is Subha..Need an urgent info..My husband's green card status just turned"Card production ordered" as of 1 Sep 09..He had filed his 485 before we got married..I m now on H4 and we filed for my 485 - AOS on the same date (1 Sep ) as we had priority dates current as of that date..
We are a bit tensed as my 485 AOS was filed on the same day as his green card was approved..we read that if we are married before the final approval then we are safe..we got married 6 months back(March)...Will there be any problem ..Has anyone come across similar situation before ??Thanks.
Don't worry, you should be fine. The key in this case is to be married before your husband's 485 approval. You have 180 days to file your case and your case will be considered as "follow to join" petition. Also, you are no longer in H4 status as your husbands status changed to PR. You will be in AOS pending status till your GC is approved.
vikki76
09-02-2009, 01:12 PM
Hi,This is Subha..Need an urgent info..My husband's green card status just turned"Card production ordered" as of 1 Sep 09..He had filed his 485 before we got married..I m now on H4 and we filed for my 485 - AOS on the same date (1 Sep ) as we had priority dates current as of that date..
We are a bit tensed as my 485 AOS was filed on the same day as his green card was approved..we read that if we are married before the final approval then we are safe..we got married 6 months back(March)...Will there be any problem ..Has anyone come across similar situation before ??Thanks.
Can you please post your husband's 485 details so that IV can keep track of approved 485? things like 485 priority date,which service center,485 receipt date
chnaveen
09-02-2009, 04:43 PM
Hi,This is Subha..Need an urgent info..My husband's green card status just turned"Card production ordered" as of 1 Sep 09..He had filed his 485 before we got married..I m now on H4 and we filed for my 485 - AOS on the same date (1 Sep ) as we had priority dates current as of that date..
We are a bit tensed as my 485 AOS was filed on the same day as his green card was approved..we read that if we are married before the final approval then we are safe..we got married 6 months back(March)...Will there be any problem ..Has anyone come across similar situation before ??Thanks.
You have done your job by applying as soon as your priority date became current.
Even if one fails to apply before the Primary's GC Approval, still there is no issue as there is some grace time. I am not sure of how long is that grace time is, but definetly not less than 3 months. At the most, you may have to show the reason why there is a delay.
But since you have already applied you don't need to worry. There are many spouses that I am aware of with the exact situation as you are in.
You will be receiving your Receipts soon and also EAD and AP's in 3/4 months.
subikarthik
09-07-2009, 02:08 PM
Hi,Thanks everyone..My husband's PD is May 2004 , EB2 India, at Nebraska.
Also I have applied for H1B two months back ..as I was unsure of when the PD will become current..I have got the receipt but there is an RFE on my H1..and the consultancy is working on that...So now Should I send a cancellation for my H1B as I have applied 485 ?? Or should I just wait for my EAD and probably my H1 may get approved the same time (Oct) and once I get EAD will H1 be automatically canceled?
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