Adding a Spouse to the 485 process once dates becomes current again


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My PD is 29th January 2007 (EB-2 India). I am hoping that my dates will be current sometime this fiscal year.

This past couple of months, I have noticed that quite a number of people have getting approved within a week or 2 of their dates becoming current.

However, I have not come across someone on this forum whose dates were current and they needed to apply for 485 for their spouse (Basically cases where folks applied for 485 in the July 2007 period and were not married yet/for some reason could not add their spouse to their application)

I'd like to hear the typical experience of someone whose dates have become current and then added his/her spouse to his application and how much longer the approval took.

We can track it here too.

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Once the primary applicant's priority date is current, the spouse can file his/her I-485 application. The spouse should include a copy of the primary applicant's I-140 approval (or receipt) notice. It is also helpful to include a copy of the primary applicant's I-485 receipt notice so that the files can be matched.

As long as the priority date remains current, USCIS is processing employment-based I-485 applications within 6 months.

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Originally posted by Murthy Law Firm Attorney 19:

Once the primary applicant's priority date is current, the spouse can file his/her I-485 application. The spouse should include a copy of the primary applicant's I-140 approval (or receipt) notice. It is also helpful to include a copy of the primary applicant's I-485 receipt notice so that the files can be matched.

As long as the priority date remains current, USCIS is processing employment-based I-485 applications within 6 months.

Along with these above documents do we need to sumbit anything more documents?

Also by any chance if the primary applicant's I-485 application is approved before the spouse's I-485 application is tie'd/match up, then what will the steps?

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  • 4 weeks later...

I am sure that there are a number of people whose dates are current in July and need to file AOS application for their spouses.

Let's track them here.

My question to experts:

1) I intend to file AOS for my spouse on July 1st. Assuming that I do send in her application before mine gets approved (PD: 29th Jan 2007), does that mean that my approval will also only come when hers is ready to be approved?

2) In case the answer to the above question is YES. Knowing that it takes 6 months on average to process AOS application, does that mean that almost certainly, we will not be able to get approval before October 2011 thereby missing out on this year's quota and having to wait probably for next May/June timeframe to come around?

Any insights?

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