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DDash
07-17-2007, 09:06 PM
Here is my story. Please let me know your suggestions. I already applied for i-485 as of July 2nd. My marriage date is August-31st. As of 2 hours back I was thinking about not filing for her i-485, but with the new dead line of August-17th, Should I hurry up and bring her to USA (on H-4) or just let this opportunity go and wait for the next one, whenever it happens? :confused:

My Priority date is: Feb-2006, EB-2.

Your insights will be very helpful.

Thanks in advance.

ven_gee
07-17-2007, 09:16 PM
I am sure it would be a big deal for you to advance your wedding. But if you can, that would be the best thing to do in the current situation. On a pessimistic thought, chances are that retrogression will only get worse in the forth-coming months. This may be one of those very rare opportunities which you would hate to miss

Good Luck !

DDash
07-17-2007, 09:16 PM
She is in India. Her family is traditional and I am not sure how to approach the topic of asking her parents to allow her to come to USA (after registered marriage) before the real marriage. I am finding it delicate to discuss this topic to their parents.

sunnyg
07-17-2007, 09:19 PM
Can some one please advise. My PD is dec 2006 and my marriage is in august end too. Should I go ahead and file the 485 for myself. what are the advantages and disadvantages of filing 485 now and adding the spouse later on. Is there any risk involved in filing alone assuming that my 485 doesn't get approved till my spouse comes to US.

ven_gee
07-17-2007, 09:21 PM
Your priorities should drive your decision. I am sure, when given a reasonable explanation, her parents would back your intentions and agree.

You SHOULD start somewhere ... "Just do IT !!!"

DDash
07-17-2007, 09:22 PM
Can some one please advise. My PD is dec 2006 and my marriage is in august end too. Should I go ahead and file the 485 for myself. what are the advantages and disadvantages of filing 485 now and adding the spouse later on. Is there any risk involved in filing alone assuming that my 485 doesn't get approved till my spouse comes to US.

My suggestion is - You should file for your application ASAP. Atleast you will be out of the mess and then you can worry about your wife's. This way, EVEN IF they cancel H-1 B renewals (with somekind of future bill), atleast you will be safe.

Good luck!

DDash
07-17-2007, 09:23 PM
Your priorities should drive your decision. I am sure, when given a reasonable explanation, her parents would back your intentions and agree.

You SHOULD start somewhere ... "Just do IT !!!"

Thxs for your support.

makemygc
07-17-2007, 09:28 PM
Here is my story. Please let me know your suggestions. I already applied for i-485 as of July 2nd. My marriage date is August-31st. As of 2 hours back I was thinking about not filing for her i-485, but with the new dead line of August-17th, Should I hurry up and bring her to USA (on H-4) or just let this opportunity go and wait for the next one, whenever it happens? :confused:

My Priority date is: Feb-2006, EB-2.

Your insights will be very helpful.

Thanks in advance.

In my opinion, again this is my opinion based on few of my friends in similar situation, you should file for your 485 and add your wife later. Since your PD is Feb-2006, your I-485 will not be adjudicated at least before 6 months. You can add your wife anytime before that.

Again..several of my bachelor friends who have PD in 2006 following the same.
You can check with your attorney too before you make the final decision.

waiting4gc
07-17-2007, 09:28 PM
Guys,
The answer is very subjective. If your wife is not intending to work after she gets here, I think you are reasonably safe to bring her here on h4 and then maintain h1 status till you can file her 485.

On the flip side, if you get her here and file 485, both you and her can take advantage of EAD/AP and change jobs and stuff. Seeing that your priority date is 2006, unless you are very lucky (and it has happenned in some cases), your 485 will not get approved in the near future without a law change. In such situation, you will be stuck without having the ability to change jobs and your spouse being able to work. Trust me, she will be in a very frustrating position if she wants to work.

So I would say get her here right now and get married and file her 485 with yours. Else you might be stuck in retro for a long long time.
Cheers

She is in India. Her family is traditional and I am not sure how to approach the topic of asking her parents to allow her to come to USA (after registered marriage) before the real marriage. I am finding it delicate to discuss this topic to their parents.

ven_gee
07-17-2007, 09:30 PM
Sunny, if your marriage happens after your I-485 filing your wife's Green card should be processed as a new Employment based (assuming she is brought into the US or any kind of work visa) or a Family based Green card (if you wish to sponsor her case). And neither of them are "quick grab".

sunnyg
07-17-2007, 09:47 PM
But I heard that as long as my 485 in not approved before my marriage I should be able to file 485 through CP or AOS. Is that no longer true? Also is there a possibility that a 485 application gets approved if the dates are not current?
Thanks!

DDash
07-17-2007, 09:48 PM
In my opinion, again this is my opinion based on few of my friends in similar situation, you should file for your 485 and add your wife later. Since your PD is Feb-2006, your I-485 will not be adjudicated at least before 6 months. You can add your wife anytime before that.

Again..several of my bachelor friends who have PD in 2006 following the same.
You can check with your attorney too before you make the final decision.

Makemygc,

"You can add your wife anytime before that." I believe this is not possible, unless my priority date is current, i.e. she will be able to file, when my P.D. is current. Please correct me if I am wrong. Thanks.

DDash
07-17-2007, 09:52 PM
But I heard that as long as my 485 in not approved before my marriage I should be able to file 485 through CP or AOS. Is that no longer true? Also is there a possibility that a 485 application gets approved if the dates are not current?
Thanks!

Sunny,

It is very highly unlikely that your i-485 will get approved before your marriage (End of Aug) with so much madness going on. Also, they will send finger priniting notice. You can postpone the finger printing notice (even if you cant post pone, just dont show-up for the first notice). This will buy you some time, but like I said before, you cant even expect FP notice anytime soon.

sunnyg
07-17-2007, 10:00 PM
Thanks so much for your response. As we all know thats after after aug 17th the dates are no longer current say atleast till October(God knows what would happen then!). Having said that do you think its better to go ahead and apply for 485 for me alone as we can add AOS to spouse when dates are current.(I am just looking for a good advise.)
My only thought is can my 485 be approved when the dates are not current.

jeevan
07-17-2007, 10:05 PM
There are some cases where GC got approved even though the dates are not current may be very rare, also there are some cases where they got approved with in one week after the PD became current, which did not give them enough time to file AOS for their Spouse.
see this link
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=5941043251
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4954030822&m=3131031031

I am also in the same boat as you, let me know what you decide.

phillyag
07-17-2007, 10:15 PM
Does someone have answer to this question?

ilikekilo
07-17-2007, 10:18 PM
In my opinion, again this is my opinion based on few of my friends in similar situation, you should file for your 485 and add your wife later. Since your PD is Feb-2006, your I-485 will not be adjudicated at least before 6 months. You can add your wife anytime before that.

Again..several of my bachelor friends who have PD in 2006 following the same.
You can check with your attorney too before you make the final decision.


yes with visa numbers unavailable until sep most probably go ahaed get marreid and come back and file for her...my 2 cents

ssd213
07-17-2007, 10:35 PM
Question 3. I filed my I-485 before retrogression, when my priority date was current. I am now married and my spouse is in the U.S. Can my spouse file an I-485 as part of my case? Can my spouse get an Employment Authorization Document (EAD) within a few months?
©MurthyDotCom
No and no. In order to file an I-485 adjustment of status application, it is necessary to have an immigrant visa number available immediately. Derivative spouses are eligible for the same employment (EB) category and same priority date as the primary spouse. If the latest U.S. Department of State's Visa Bulletin cutoff dates, always available on MurthyDotCom, indicate that there is no longer a visa number available for the particular priority date, then it will be necessary to wait until the priority date becomes available in order to file the I-485, the employment card, and advance parole (AP). The EAD and AP are filed based upon the I-485 filing. They can be filed with the I-485 or after it is filed. Thus, if an I-485 cannot yet be filed because a priority date is not current, the EAD and AP cannot be requested.

DDash
07-17-2007, 10:42 PM
Thanks so much for your response. As we all know thats after after aug 17th the dates are no longer current say atleast till October(God knows what would happen then!). Having said that do you think its better to go ahead and apply for 485 for me alone as we can add AOS to spouse when dates are current.(I am just looking for a good advise.)
My only thought is can my 485 be approved when the dates are not current.

Lets say you apply now and come September, lets say PD get retro to Jan-04 (EB2), you cannot file for your wife's i-485 because your PD is not current Sep. (BTW the process of applying for i-485 is called AOS).

So if your application gets approved, before you have a chance to file for your wife's i-485 (this is after your finger printing), then she will go out-of-status as your H-1 is no longer valid.

Having said all this, I believe it is still a good idea for you to apply for i-485 alone, because like i said before you never know what will happen in the future with H-1 B.

Obviously, the best case, is you bring your fiancee to USA on H-4 before Aug-17th and apply together, but if that does not happen, cover your base atleast.

kaisersose
07-17-2007, 10:44 PM
The deciding factors are simple.

1. If your wife wishes/plans to work, it is better to file her 485 now

2. If you wish to use your EAD at some point, you should file her 485 now. Because once you fall back on your EAD, your spouse is out of status if she is on H-4.

3. If you miss this window, you will not be able to file her 485 until your PD becomes current again and frankly no one has a clue when that will happen again. It is like one of those rare comet visits. If she intends to work meanwhile, she cannot. She will have to stay home and be content watching food tv, home and garden or perhaps zee tv.

Do what ever it takes. Rush to India, get a register marriage done, a H-4, medical tests and file her 485 too. It is not easy, but that should not be stopping you.

Good luck

Slowhand
07-17-2007, 10:45 PM
My wife resigned her L1 job recently and I applied for her H4 last week. We have not got the receipt yet. So technically she is out of status since she is not with her old company and her H4 has not come through. Is it still possible for me to file her 485 along with mine? What do I enter for questions regarding her current status??
Any adv.?

DDash
07-17-2007, 11:19 PM
My wife resigned her L1 job recently and I applied for her H4 last week. We have not got the receipt yet. So technically she is out of status since she is not with her old company and her H4 has not come through. Is it still possible for me to file her 485 along with mine? What do I enter for questions regarding her current status??
Any adv.?

Slowhand,

If I were you, I would contact a lawyer, you dont want to take chances when it comes to "out-of-status" situations.

Good luck!

DDash
07-17-2007, 11:27 PM
yes with visa numbers unavailable until sep most probably go ahaed get marreid and come back and file for her...my 2 cents

"U" doesnt mean that you can apply for i-485. You can only apply for i-485 when it is "C".

superdude
07-17-2007, 11:44 PM
Here is my story. Please let me know your suggestions. I already applied for i-485 as of July 2nd. My marriage date is August-31st. As of 2 hours back I was thinking about not filing for her i-485, but with the new dead line of August-17th, Should I hurry up and bring her to USA (on H-4) or just let this opportunity go and wait for the next one, whenever it happens? :confused:

My Priority date is: Feb-2006, EB-2.

Your insights will be very helpful.

Thanks in advance.
You can include her later also as long as your case is not approved by the time she arrives.

DDash
07-17-2007, 11:48 PM
You can include her later also as long as your case is not approved by the time she arrives.

Even if my PD is not current? Lets say I applied on July-2nd (which I did) and lets say my i-485 is not approved by Sep. She comes to USA by Sep. Lets say PD goes back to Jan-2004 (EB2). Can She apply in Sep?

jeevan
07-18-2007, 12:32 AM
u can't file u r wife's 485 until u r PD become current again.

Gravitation
07-18-2007, 10:36 AM
My first thought when I read the title of your thread (and before reading the post) was to advise you to imitate the following person:

http://en.wikipedia.org/wiki/Jennifer_Wilbanks

eager_immi
07-18-2007, 10:48 AM
NO u cannot apply for anyone including spouse when dates are not current. Does someone have answer to this question?

ns007
07-18-2007, 10:52 AM
Tom raised a very good point. If you are planning to go to India in August, you may want to check with your lawyer, because with the work load I doubt any of us will get the receipts anytime soon.

There is some law that you can't travel out side US before the 485 is receipted. Now, with the heavy load, it may take few weeks for them to enter these. You may need to check with your lawyer.