Need to delay my I-485 approval! Please help.

[Jai215]

I know, it sounds very weird to delay I-485, but here is my story.

In my case, I-485(EB-2) and I-140 were filed simultaneously in June 2007 and my priority date as listed on the I-140 approval notice is June 2007. I have always had my EAD card afterwards, although I never used it as a basis for my employment since I could use my H1B visa status to work and I am still on H1B. I’ve also finished my biometric test/appointment sometime in 2007.

As you know, the current priority date for EB-2 applications is 08 March 2007. It is highly likely that my application can become current in the next bulletin I would get my green-card within another month.

I am planning to get married sometime in October/Nov and my fiancé is in India now. She does not have any type of US visa, and I've been planning to apply for a H4 visa for her. If I get my I-485, I fear that I cannot be able to do so!

1. If I get the green-card, is there a provision using which my wife could come and stay with me after we get married?

2. If there is no such way, is there any way I could delay my I-485 approval until November?

3. If delaying I-485 is also not an option, can I request to cancel my I-485 processing? What are the consequences if I do that? Can I get to keep my priority date if I choose to apply for I-485 again in future?

Please advise.

Thanks!

Jai

[skechers]

I dont think you can delay the I-485 approval. You have got time till July end to get married and bring your wife to US. You can do a quick court marriage, get the H-4 and bring her to US. Then at a later time you can have the complete marriage experience.

[Belle]

1. No.

2. No.

3. You may withdraw the petition. Since you are in status and working for the same sponsoring employer, you may refile at any time your PD is current.

A quick trip and a court marriage maybe the ultimate answer, but you should decide based on your situation.

[Shurap1]

Also your assumption about dates moving forward could be highly optimistic :)

I think dates may not move forward now as they need to first utilize the visa numbers.

[ramanii]

Why do you want to bring your wife on H4 visa?

She'll scold you daily, neither she can work nor can get a driving license.

How about H1B or Student visa?

I know a lot of guys who commute daily from Canada to Detroit for work. For a green card holder, that is still a valid option.

[Belle]

"She'll scold you daily, neither she can work nor can get a driving license."

Well, talk about making conclusions without knowing much about the situation... on top of it, in most states someone on H4 can get a driver's license.

[tusharvk]

is there such an option as withdrawing and refiling petition at a later date?

My pd becomes current jul 11; so I am debating whether or not to file right now. In my case, a dependent may need to be overseas for medical reasons until december.

No FP or medicals have been done yet for any of the dependents or myself. I have heard that from 485 filing (140 is already filed and approved) it takes about a year to get the approval. So, do we delay filing until december when the entire family is back in the US and file at that time.

If there is the option to file, withdraw and refile at a later date, pls advise.

[lookingintoit]

You could withdraw I-485 anytime while it's being processed. Refiling requires the priority date to be current, just like if you are filing it the first time.

Also, it's not a guarantee that dates will move forward from now on. It might retrogress again (EB3-EB2 porting), etc. Apply while you can.

[Jai215]

Thank you everyone for your replies. I got a sense of what to do now.

Belle - you said that I can withdraw now and I can refile at any time my PD is current. If I withdraw my I485, shouldn't I be applying for I140 and LC again which means a new PD and so I have to wait until 2011 applications become current? (PS: My I-485,I-140,LC etc were filed by my previous company and I quit that company having stayed there more than a year after my I140 got approved).

RBI- my idea was to bring her on H4 and immediately add her to my I485..so that she can get either of EAD/greencard and she can work right away, get driver's license etc.

[goog]

Jai215,you have your priorities correct.

If you cannot bring your wife with you right after marriage what's the point? - it is a scenario no newlyweds need to endure.

As others have already suggested:

1.Get an earlier registered marriage(if possible)- I know this might be not easy to convince traditionalists to go through this

2.If not simply withdraw your app and reapply at a later stage.(this is not ideal at all but definitely better than not having your newly wed wife with you)

Good luck.

[kumar67]

Dates even if going to be current (may be for next two month) but it will be retrogressed back again in October this year.

Also good suggestions from people about bringing your spouse on F-1 or H-1.

[Belle]

"If I withdraw my I485, shouldn't I be applying for I140 and LC again which means a new PD and so I have to wait until 2011 applications become current? (PS: My I-485,I-140,LC etc were filed by my previous company and I quit that company having stayed there more than a year after my I140 got approved)."

You don't HAVE to file another I-140 if you withdraw I-485. However, when you apply (or reapply) for I-485 you must have a job offer from the I-140 employer. That's not the situation with the original question.

[tusharvk]

what is the indication that the pds may retrogress to pre-may 06 where they were stuck for a while for eb2in?

There would be warning in vb to that effect before that happens.

[Jai215]

My priority date becomes current from Oct 1 and it looks like I can't get married for another 3 to 4 months! There is a good chance that she cannot come on her own with a H1 visa. So I have decided to withdraw my I-485 application, hoping that the EB2 PD won't get retrogressed by the time I get my new I140 approved.

[gc485process]

I donot think you will be approved on October 3 2011. Since the quota just starts.It might be a while for your case to be adjudicated. You could still take that chance, but it is your call.

[Shurap1]

Originally posted by Jai215:

My priority date becomes current from Oct 1 and it looks like I can't get married for another 3 to 4 months! There is a good chance that she cannot come on her own with a H1 visa. So I have decided to withdraw my I-485 application, hoping that the EB2 PD won't get retrogressed by the time I get my new I140 approved.

Are you sure if you going to get married in another 3 to 4 months? If yes means you have a marriage proposal which you are considering seriously.

In that case I would get the documentational marriage done before Oct and keep her H4 ready. She needs to be in US before she files for her 485 so she can travel in Oct and file for 485 and then return back.

If you are not even sure about a girl with whom you are marrying then it is a different story. In such cases you can think about H1 or F1 visas to bring here and wait till you become citizen which is approx. 5 years from your 485 approval (you can actually file it after 4 years 8 months).

[Attorney_6]

That is probably the best option here, assuming that the employment offer in the labor/I-140 is still in place and the I-485 can be refiled. If employment has changed, and the job offer no longer exits, then the I-485 can't be refiled.

[Jai215]

Thanks for all your replies so far. This has helped me a lot. There are some interesting updates recently (listed below) and I thought I should share them here and get your opinion.

1. Filed an application for I-485 withdrawal on Sep 25 (before my priority date became current on Oct 1 as I was not sure then as how things would go)

2. Got an RFE on my I-485 this week! (Not sure why I got this inspite of the fact that I applied for withdrawal). Due date on RFE is Jan 04 2012.

3. There is a 95% chance that I get married before Dec first week this year. (I am pushing for an early wedding).

Since I got RFE instead of the green card, I felt kinda relieved. I am not sure what happened to the withdrawal request. Here are the questions that I have now.

a. Is there enough time for my wife to come to US on H-4 dependent visa after our marriage in Dec? (Assuming H-4 visa is better than a tourist/visitor visa)

b. Should I approach USCIS and request for cancelling my withdrawal request? (I am hoping that my wife will come to US without a problem before I get my green card).

c. In case she successfully comes to US on H-4, is there a chance that I can add her onto my I-485 (derivative spouse) before I submit my documents for RFE? What happens if I cannot add her?

Any help in clarifying these questions is greatly appreciated. Thanks!