My 485 approved, but didn't get receipt # for wife's 485

[raj978]

Hi there, 

I filed my 485 back in Feb' 2012. I got married in Feb' 2014. My wife came here on H4 in June' 2014. 
As my PD became current on Sep 1st 2014, I have sent my wife's 485 on 2nd Sep, along with my approved 140. I haven't received the receipt number yet. 

Now, USCIS updated my case status that hey're issuing my card. 

What happens to my wife's 485? 
She is on H4, does she need change her visa? 

Any advice is greatly appreciated. 

Thanks, Raja

[itsmeusa]

My I-485 reached USCIS on 3rd Sep, still waiting for the receipt no. Guess, it takes from 1 to 4 weeks for receipt by mail.

 

In your wife's case, as soon as the I-485 is delivered at USCIS, she could very well be said to have status "AOS Pending". No need to worry. Receipt will come.

[Attorney_6]

Right. Assuming that the spouse's I-485s were properly filed, they would remain in the U.S. on that basis. The H4 status ends once the (former) H1 spouse adjusts status to GC.

[Belle]

You wife may be present for up 180 days without status and still file I-485.

[Attorney_6]

While it is true that a person can file an employment-based I-485 and be forgiven for up to 180 days of status violation, it is important to file derivative spouse/child I-485s as quickly as possible. Not only is it dangerous to be in the US without status (potential removal), with the fluctuating Visa Bulletin cut off dates, there is no assurance that the particular priority date will be "current" so that the case CAN be filed within the 180 day 245(k) "forgiveness" period.