PD current EB2- Filing 485 for spouse

[win_01]

Hello,

My PD became current as of July's bulletin, I already filed 485 back in '07 , however that time i was unmarried. Later I got married and brought my wife here . I have all paperwork to file her 485 . My question is how does USCIS know that i will file spouses 485 , let's say as July's hits and they approve my 485 immediately and then receive her paperwork the next day. Or do they wait all of July and start issuing AUg onwards inorder to receive all updates from applicants who became current as of July.

Please throw some light on this.

Thanks in advance

[Belle]

"My question is how does USCIS know that i will file spouses 485"

Why would they know? More importantly, why would they care? It's your problem.

[win_01]

Originally posted by Belle:

"My question is how does USCIS know that i will file spouses 485"

Why would they know? More importantly, why would they care? It's your problem.

Hi Belle,

yes i knw they don't care, my latter part of ? was if they approve mine and later come across my wife's 485 docs , how does that work approval-wise, does that delay the process or as long as one gets married b4 his/her approval and files spouses docs in time it doesn't matter

pls share ur thoughts.

thanks

[Belle]

Your spouse's petition may only be approved if your petition is approved. Thus, it is either approved with yours or later. Does this answer your question?

[Attorney_6]

We have articles on this on MDC.

It is only necessary to get married b/f the GC approval, not to file for the spouse b/f the GC approval.

But, if the spouse is an H4 or other dependant non-immigrant category, they lose that as soon as the primary spouse has a GC approved.

So:

1. File the spouses case early in the month where the date becomes current. The 1st would be good. This totally eliminates the possibility of falling out of status due to the primary spouse's approval.

2. If filing on the 1st isn't realistic, file ASAP in the month. Employment based I-485s can be filed even if the applicant has been out of status briefly (up to 180 days), so the problem in item 1 doesn't prevent the case filing. But, it is never good to be out of status.

[win_01]

Originally posted by Murthy Law Firm Attorney 6:

Got it. my wife's on F-1 rite now and most probably file for 485 on the July 1st itself.

Thanks very much for this helpful information