I-140 application approved for EB3 Rest of the world. Next Steps?

[Puneet]

Hi,

My I-140 application was approved recently under the EB3 category for Rest of the world. What are the next steps I need to take? Do I need to wait for some communication from USCIS or should I directly submit mine and my spouse's I-485 applications ?

[pontevecchio]

If your PD is current, you can go ahead and file for AOS for both of you.

[Puneet]

1 hour ago, pontevecchio said:

If your PD is current, you can go ahead and file for AOS for both of you.

Thanks. Yes, the PD is current. 

I have another question. My spouse's country of birth is India so do I need to do anything additional to include her I-485 with my primary application so that she also gets her GC alongwith me? Or do I need to submit a different form for her to be chargeable to my Country of birth ?

[pontevecchio]

Two separate applications for AOS along with EAD/AP if you want that are needed. You do not include her. She files of her own recognizance based on your I-140 approval. If you are in any doubt about the process, please let a lawyer file for you. Actually the form and instructions are pretty simple specially if you have all relevant documents for both like BC with name mentioned etc.

[JoeF]

In addition to what pontevecchio said, since she is the dependent, her country of birth doesn't matter. Your country of birth is what matters for both I-485s.

 

[Puneet]

On 10/25/2017 at 11:25 PM, JoeF said:

In addition to what pontevecchio said, since she is the dependent, her country of birth doesn't matter. Your country of birth is what matters for both I-485s.

 

 

On 10/25/2017 at 5:09 PM, pontevecchio said:

Two separate applications for AOS along with EAD/AP if you want that are needed. You do not include her. She files of her own recognizance based on your I-140 approval. If you are in any doubt about the process, please let a lawyer file for you. Actually the form and instructions are pretty simple specially if you have all relevant documents for both like BC with name mentioned etc.

Thanks !. I'm planning to use an attorney for filing our I-485s. You guys have any references ?

[pontevecchio]

Are you not on the forum of a known Lawyer?

[Puneet]

Hi,

Thanks pontevecchio. I have another question. I am filling my form i-485 and there is a question - have you ever applied for an immigrant visa at a US embassy or consulate abroad. I am kind of confused with the intent of this question. I had applied for I-485 earlier in EB-1 and my application got rejected. Now I'm filing I-485 on my wife's approved I-140. How do I answer the above question. Yes because I applied earlier or NO because I did not apply in a US consulate/embassy abroad. I submitted an adjustment of status (485) to USCIS ??

 

 

[pontevecchio]

You have not applied for an Immigrant visa.

Please help yourself. These times are very tricky. PLEASE PLEASE get a lawyer to do the rest.

[Puneet]

13 hours ago, pontevecchio said:

You have not applied for an Immigrant visa.

Please help yourself. These times are very tricky. PLEASE PLEASE get a lawyer to do the rest.

Thanks Pontevecchio. I met with an attorney and got the same response.

[Puneet]

On 12/14/2017 at 8:20 PM, pontevecchio said:

You have not applied for an Immigrant visa.

Please help yourself. These times are very tricky. PLEASE PLEASE get a lawyer to do the rest.

As my I-140 is approved and PD is current, is there a specific time frame within which I need to file my AOS ? I am working on getting some original documentation and it is taking time.