PDA

View Full Version : Another victim of I 485 filing + Getting married


kumhyd2
07-18-2007, 10:23 PM
I think this question has been asked lot of times and I see conflicting opinions.

Situation: Unmarried wants to file his I-485 now with PD of EB2 March 2005 and plans to get married before Dec 07.
The marriage is expected to happen in a different country and the spouse will be from that country too.

There have been conficting opionions about bringing the spouse while I-485 is pending. If we have about another 2 years on H1 visa. Can we expect mar 2005 priority date to be current in the next 2 years? what would be the best option. when can we file the Audjustment of status for the spouse who is to arrive in Dec 07. Given the retrogession what would be wild guess for PD mar 2005 to be current so that the spouse can apply for I-485.

mbartosik
07-18-2007, 10:56 PM
my recollection is that the instructions say that I485 can be filed by spouse with copy of receipt notice for primary applicant.

BMS1
07-18-2007, 11:42 PM
my recollection is that the instructions say that I485 can be filed by spouse with copy of receipt notice for primary applicant.
There is a small (must say, it is really very small for Mar 2005 EB2) but real possibility of falling through a crack for non-immigrant spouses of I485-pending adjustees.

Assume the following scenerio.

1) Aug 2008 bulletin says they are advancing the dates by 15 days so that your March 2005 date becomes current.
2) But available Visa numbers are quite low and through very normal processing (without any unexpected special action), USCIS requests and allocates all the September EB numbers before August end. And your I485 gets allotted a Visa number at this time.
3) Now DOS says in August itself that they have to make all categories unavailable for Sept.
4) In September you get approved and now your spouse will be expected to have non-immigrant status of his/her own until he/she can file an I485 on family category whenever it becomes current. If he/she does not have non-immigrant status of his/her own, he/she becomes unlawful from the day your visa is approved and cannot stay in US to file I485.

The above scenerio was thought not possible so far for following reasons.

1) It was not widely known before that USCIS is within law if they pre-allocate VISA before Visa dates become current. And they had been doing that for some time.

2) It appears that USCIS/DOS feel that it is not illegal to stop accepting from the date the annual quota gets used up without violating any law like bypassing name check etc. They did that in June for EB other category but affected people were quite few and did not get challenged very much (though AILA was saying that was illegal and planned to sue).

In the above scenerio, the people who are affected by way of not being able to file for I485 (the people whose priority date was within the 15 days of advancement), will be very small and they will know that in Oct they have a good chance to be able to file. So they will not bother to challenge USCIS. Only very few corner cases like this spouse only will be really affected and they may not get enough traction, to force USCIS to change their decision like it happened for this July bulletin.

senthil1
07-18-2007, 11:44 PM
Unmarried persons need to consider the following especially when they bring spouse from any country

1. You should be in H1b status always so that you can bring spouse by H4(Later add the name in I485)
2. You have to marry before GC is approved(Before USCIS starts processing. Generaly they will start processing when Visa number is available and FP is cleared)

The following risks are there if you file as unmarried

1. Visa number may be available when your PD is 3 year or more
2.USCIS process your application accidently eventhough your date is so far from cut off date(I think it is very rare)
3. Skil or any other bill which may increase the gc numbers.

Candidates should be ready for above situations when they file as unmarried.

Any other situations?



I think this question has been asked lot of times and I see conflicting opinions.

Situation: Unmarried wants to file his I-485 now with PD of EB2 March 2005 and plans to get married before Dec 07.
The marriage is expected to happen in a different country and the spouse will be from that country too.

There have been conficting opionions about bringing the spouse while I-485 is pending. If we have about another 2 years on H1 visa. Can we expect mar 2005 priority date to be current in the next 2 years? what would be the best option. when can we file the Audjustment of status for the spouse who is to arrive in Dec 07. Given the retrogession what would be wild guess for PD mar 2005 to be current so that the spouse can apply for I-485.

DDash
07-18-2007, 11:45 PM
I think this question has been asked lot of times and I see conflicting opinions.

Situation: Unmarried wants to file his I-485 now with PD of EB2 March 2005 and plans to get married before Dec 07.
The marriage is expected to happen in a different country and the spouse will be from that country too.

There have been conficting opionions about bringing the spouse while I-485 is pending. If we have about another 2 years on H1 visa. Can we expect mar 2005 priority date to be current in the next 2 years? what would be the best option. when can we file the Audjustment of status for the spouse who is to arrive in Dec 07. Given the retrogession what would be wild guess for PD mar 2005 to be current so that the spouse can apply for I-485.


Few points:
1) Movement of PD depends on the country you are from.
2) You can only include your spouse application only if the PD is current.
3) PD movement is totally a guessing game at this point.

Best option: See if you can advance the marriage and file both the applications before Aug-17th.


Good luck!

diwa209
07-19-2007, 12:59 AM
I am more confused with the posts in this particular thread.

I have a EB3 priority date of 02/2006 and am all set to apply for I-485 AOS (Not applying for EAD or AP at this time, intend to maintain H1) before Aug 17th as my I-140 was also approved very recently and under the assumption that it is gonna take a long time before they get to EB3 02/2006.

I was under the impression that should I get married(to a non resident) anytime before my I-485 is approved, I will just need to give an addendum for my spouse for her AOS.

My doubts are:
(1) What is the concern of the person getting married in Dec-2007. My understanding it is very unlikely that I-485 will be approved so soon. Why does he/she have to wait for PD to be current for spouse? Does it not go with the same application? I am surely missing something.

(2) Generally, what is the rule. Till what time does a I-485 AOS filing candidate have time to request his/her spouse be also adjusted with the same application. Is that a fixed period of time from date of filing or a milestone like FP or Visa number allocation?

Please advise, if in your opinion I should forego the AOS filing and simply get a 3 year H1 extension, or should I file and keep getting a 1 year extension till I get married.

mygcstory
07-19-2007, 12:10 PM
Also,

Whta happens if you leave the country and reenter (after 10 days. so nothing woulld have even moved in the USCIS by that time anyway) after filing you and your spouses 485/EAD/AP?

Thx

sbindval
07-19-2007, 12:20 PM
Can someone tell me the benefits of EAD to the spouse of primary applicant?
How does it differ from the benefits of the primary applicant?
Thanks,

willigetagc
07-19-2007, 12:24 PM
bud, which country are you from and which country your spouse is going to be from?

If you dont give all the details, you might get wrong advise. The situation could be different if you are from india/china/mexico and it could be different if you are from ROW.

If you know you are going to marry, cant you go and marry now within the next 10 days? You can always marry now in front of a marriage registrar, brin g your wife in, file for 485, AP and then go back and have a formal ceremony later on....

You should make every effort to push your application thru the door. Just imagine if they are going to 100K apps, it would take years to clear that backlog.

willigetagc
07-19-2007, 12:25 PM
Can someone tell me the benefits of EAD to the spouse of primary applicant?
How does it differ from the benefits of the primary applicant?
Thanks,


spouse can work anywhere and everywhere... The primary applicant can use the EAD to renew a driver's license and purchase insurance policies... :)

mygcstory
07-19-2007, 12:38 PM
bud, which country are you from and which country your spouse is going to be from?

If you dont give all the details, you might get wrong advise. The situation could be different if you are from india/china/mexico and it could be different if you are from ROW.

If you know you are going to marry, cant you go and marry now within the next 10 days? You can always marry now in front of a marriage registrar, brin g your wife in, file for 485, AP and then go back and have a formal ceremony later on....

You should make every effort to push your application thru the door. Just imagine if they are going to 100K apps, it would take years to clear that backlog.

bro,

Lemme clarify :=).

Both of us are from India
My wife was here on an B1 here when we got married. (I am on H1B with LC done)
I am applying along with my wife for 140/485/AP
We would like to go to India in August to get the ceremony done in India and while comming back she will be on H4.
So, I was asking if it will be a problem if we leave and then come back....

Hope I was clear.

Thanks so much for your time.....

-GC

kaisersose
07-19-2007, 12:40 PM
Can someone tell me the benefits of EAD to the spouse of primary applicant?
How does it differ from the benefits of the primary applicant?
Thanks,


The spouse can work on pretty much anything ranging from flipping burgers to becoming the VP of a company.

On the other hand you do not have that luxury. Your primary job should still be in line with the labor description even if it is for another employer. You can however hold multiple jobs, own a business, etc., but while still retaining the primary job.