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  #1 (permalink)  
Old 08-01-2009, 02:36 PM
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Priority Date
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Feb-05
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EB2
I140 Mailed Date
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08/17/2006
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I-485
I485 Mailed Date
:
07/12/2007
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Arrow If I withdraw I-485, will it affect my GC prospects

Dear Attorneys,

I am on H1B and July-2007 I-485 filer. I've maintained H1B status and have not used EAD/AC21. I'm getting married in January-2010 and just want to make sure to add my future wife to the AOS application after we get married. If I voluntarily withdraw my I-485, and continue on H1B status, can I file I-485 again at a later stage. Will the withdrawal of my AOS application negatively affect my chances to get green card in the future.

Appreciate your response.

THANK YOU
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  #2 (permalink)  
Old 08-03-2009, 02:52 PM
Senior Member
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Post

Quote:
Originally Posted by ronhira View Post
Dear Attorneys,

I am on H1B and July-2007 I-485 filer. I've maintained H1B status and have not used EAD/AC21. I'm getting married in January-2010 and just want to make sure to add my future wife to the AOS application after we get married. If I voluntarily withdraw my I-485, and continue on H1B status, can I file I-485 again at a later stage. Will the withdrawal of my AOS application negatively affect my chances to get green card in the future.

Appreciate your response.

THANK YOU
Ronhira,

I am in a similar situation as you are wrt to applying AOS for spouse. Why do you want to withdraw your I-485 ? You can always add your spouse to your AOS application when dates become current for you, rt ? Even if your AOS is approved you can still apply for AOS of spouse within 180 days of your AOS approval. The only caveat is that you should have been married before your AOS approval date. The only risk in this scenario is if USCIS approves your AOS application when your PD is not current, in that case you cannot apply for AOS of spouse and she goes out of status. The chances of this happening (AOS getting approved when PD is not current) is pretty rare or low.

I would like to know your thoughts on withdrawing I-485.
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  #3 (permalink)  
Old 08-04-2009, 02:46 AM
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Default

I too am in same situation & correct me if I am wrong but even if say our cases get approved when our PDs aren't current, isn't there something called as F2J - Follow-To-Join?

The following ans was posted by Attorney Rajiv Khanna on his website -

"Following to join is the process under which a principle green card applicant gets his green card now and family joins later using the same category and same priority date as the principle. They "follow to join."

Let me illustrate. Let us say a Husband applies for AOS in USA. His category is EB2 and priority date is in 2004. Wife is in the home country finishing up college. His green card gets approved. Does she have to wait several years to get hers? No. She can follow to join and get her green card through consular processing within a few months and she will get her green card with his category EB-2 and his PD 2004. The only requirement is that they MUST be married before his AOS/I-485/Green Card is approved."
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  #4 (permalink)  
Old 08-04-2009, 01:30 PM
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Question

Quote:
Originally Posted by vegasbaby View Post
I too am in same situation & correct me if I am wrong but even if say our cases get approved when our PDs aren't current, isn't there something called as F2J - Follow-To-Join?

The following ans was posted by Attorney Rajiv Khanna on his website -

"Following to join is the process under which a principle green card applicant gets his green card now and family joins later using the same category and same priority date as the principle. They "follow to join."

Let me illustrate. Let us say a Husband applies for AOS in USA. His category is EB2 and priority date is in 2004. Wife is in the home country finishing up college. His green card gets approved. Does she have to wait several years to get hers? No. She can follow to join and get her green card through consular processing within a few months and she will get her green card with his category EB-2 and his PD 2004. The only requirement is that they MUST be married before his AOS/I-485/Green Card is approved."
I am not sure if spouse can use "follow to join" when primary applicants PD is not current. Can someone comment on this ? Is "follow to join" process independent of PD given that primary AOS is approved?
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  #5 (permalink)  
Old 08-04-2009, 02:24 PM
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Default

This link makes everything very clear

USCIS - Petitioning Procedures: Bringing a Spouse (Husband or Wife) to Live in the United States

or search for "Following-to-Join" on USCIS.gov.

Following to join process is independent of PD.
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  #6 (permalink)  
Old 08-04-2009, 03:30 PM
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Ron,Vegas,Ace,

I was in the same boat during last September when my PD was current. It was a crazy time as I recall, many late PDs were getting approved. Funny that I was really scared I might get my approval that time! ; )

FTJ process based on my search that time was relatively tedious which could take atleast a year or so. NSC processing time for I-824 was about 8-9 months then. It did not make any sense to me to get separated for a year right after marriage.

I called USCIS to see what were the options available to me including the withdrawal of my I-485 (zero risk option). I was fortunate to get a very informative and nice Rep on the other side. I explained her my situation that I was getting married later that year. She looked into my file and said there was no IO assigned to my case and it will take atleast another 3 to 4 months for that to happen. It would be safe for me to travel and be back in that time period.

My wife came with me on H4 late last year. I got an RFE last month to update my G-325A along with change in Marital Status. I included my Wife's name in the G-325, along with date of marriage and sent supporting Docs with it. But she cannot file the derivative I-485 until my PD is current, So we cannot avail the EAD/AP benefits until then.

My guess based on the current Pre-adjudication thing (or whatever it is !) and the narrow processing windows there are better options available now. Hopefully people wont get randomly approved even if your PD gets current . Well thats what logic tells... but then we are talking bout USCIS.

In your GC process, You have invested a lot of time,money and effort. Not to mention the sacrifices and loads n loads of stress. Though we have built some sheer mental stamina to deal with this, I would suggest you to think twice,thrice... N times before withdrawing and starting over.

One thing I learn from USCIS is that as an organization as a whole they may seem irrational, but as people they are very reasonable based on my experience. Give a call to USCIS, try to get hold of a rep or schedule an Infopass appt. There is nothing better than openly talking about your situation to an informative officer. Then make an informative and calculated risk.

My very best wishes for all you on the account of your Marriages. It is a time to be happy and not get too worried. After all once married you aint gonna be happy anyway ; ) Enjoy the little time left !

Hopefully everything works out really well for you guys.

Regards.
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  #7 (permalink)  
Old 08-05-2009, 03:57 AM
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Default Did we get a conclusive answer yet?

I think we've all questioned the need to withdraw your I-485, but not really answered your question about the implications of withdrawing your application!

I do think we have to consider withdrawing I-485 as an option, especially when your PD is current and your marriage is planned for a later month and your fiance is in India. It seems less stressful to be able to withdraw you application and re-apply when you are married and can apply jointly with your wife. I would certainly consider that if my PD was current, but just like you, I don't know the implications of such an action. I don't see any good alternatives though - Follow-To-Join doesn't exactly seem like a very good option since it takes atleast 6 months to go through that process. The only other option is to pray each day and just hope your application isn't approved.

I hope someone with experience in withdrawing their application can provide some input here.
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  #8 (permalink)  
Old 08-05-2009, 06:27 PM
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Default related

related
http://immigrationvoice.org/forum/fo...5-options.html (Abandoning AOS: How to withdraw I-485? Options?)

Quote:
Originally Posted by ronhira View Post
Dear Attorneys,

I am on H1B and July-2007 I-485 filer. I've maintained H1B status and have not used EAD/AC21. I'm getting married in January-2010 and just want to make sure to add my future wife to the AOS application after we get married. If I voluntarily withdraw my I-485, and continue on H1B status, can I file I-485 again at a later stage. Will the withdrawal of my AOS application negatively affect my chances to get green card in the future.

Appreciate your response.

THANK YOU
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1 out of 1 members found this post helpful.
  #9 (permalink)  
Old 08-05-2009, 09:36 PM
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Post

Quote:
Originally Posted by antwoods View Post
I think we've all questioned the need to withdraw your I-485, but not really answered your question about the implications of withdrawing your application!

I do think we have to consider withdrawing I-485 as an option, especially when your PD is current and your marriage is planned for a later month and your fiance is in India. It seems less stressful to be able to withdraw you application and re-apply when you are married and can apply jointly with your wife. I would certainly consider that if my PD was current, but just like you, I don't know the implications of such an action. I don't see any good alternatives though - Follow-To-Join doesn't exactly seem like a very good option since it takes atleast 6 months to go through that process. The only other option is to pray each day and just hope your application isn't approved.

I hope someone with experience in withdrawing their application can provide some input here.
Well none of the guys who asked this question including myself have the PD current. So I personally consider it foolish to withdraw I-485. If the PD was current I would take the next flight to get married. But since its not, I was curious to know why this thought would even cross anyone's mind. My advice is to not withdraw AOS application.
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  #10 (permalink)  
Old 08-07-2009, 09:58 AM
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My wife came with me on H4 late last year. I got an RFE last month to update my G-325A along with change in Marital Status. I included my Wife's name in the G-325, along with date of marriage and sent supporting Docs with it. But she cannot file the derivative I-485 until my PD is current, So we cannot avail the EAD/AP benefits until then.


I am also in the same boat my wife came to US on h4 in 2007 end and i have not yet added her to my 485.

But i did not update G-325A and send because i did not get any RFE.

How did USCIS know that you are married and they sent RFE on that... could you please share your experience, did you call them and inform about it or is it necessary that after marriage since our details changed we need to send them an updated G-325A ?


acecupid and others and Ron hira did you guys send G-325A ????
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  #11 (permalink)  
Old 08-07-2009, 12:33 PM
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Quote:
Originally Posted by gcdreamer05 View Post
My wife came with me on H4 late last year. I got an RFE last month to update my G-325A along with change in Marital Status. I included my Wife's name in the G-325, along with date of marriage and sent supporting Docs with it. But she cannot file the derivative I-485 until my PD is current, So we cannot avail the EAD/AP benefits until then.


I am also in the same boat my wife came to US on h4 in 2007 end and i have not yet added her to my 485.

But i did not update G-325A and send because i did not get any RFE.

How did USCIS know that you are married and they sent RFE on that... could you please share your experience, did you call them and inform about it or is it necessary that after marriage since our details changed we need to send them an updated G-325A ?


acecupid and others and Ron hira did you guys send G-325A ????
gcdreamer05,

I am not married yet so there is no way I can send any updated info to USCIS. I do remember from a company memo we received from our company lawyer that they send a letter to USCIS informing them about marital status for people in this situation. I think it is done so there are no problems adding wife later to the AOS. This is not a formal process by filling some form. So maybe other lawyers might be doing the same. I am guessing once this letter is sent, USCIS will invoke an RFE for G-325A and you can send updated G-325A. You should ask your lawyer about this.
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  #12 (permalink)  
Old 08-07-2009, 04:48 PM
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Quote:
Originally Posted by ronhira View Post
Dear Attorneys,

I am on H1B and July-2007 I-485 filer. I've maintained H1B status and have not used EAD/AC21. I'm getting married in January-2010 and just want to make sure to add my future wife to the AOS application after we get married. If I voluntarily withdraw my I-485, and continue on H1B status, can I file I-485 again at a later stage. Will the withdrawal of my AOS application negatively affect my chances to get green card in the future.

Appreciate your response.

THANK YOU
You can apply for a follow to join (if she is outside the country) or I-485 (if she is in the country) if your get married before your I-485 gets approved. The key factor is not the filing of the petition but the date of marriage.
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