Primary applicant 485 approved, can we file dependent now

[kgudem]

Hi ,

I got my 485 approved , PD Dec 2006.

My wife is on H1B, Can I apply for her 485 now after my 485 application is approved.

Is there any disadvantage of filing after approval rather than filing when my application was pending.

Thank you

Gudem

[Belle]

Yes. There is no difference for the I-485 petition itself. However, since many derivatives are also in a derived status, like H4, the advantage of filing before approval is that the derivative is in status when the application is filed. If the derivative is out of status, they are generally covered by 245k for up to 180 days.

[nitesh1980]

I think you have 60 days to apply for your spouse after you get your greencard, i am not sure if this 60 days applies to 485 approval or Greencard itself. I would recommend checking with an Attorney but I am pretty sure you can apply within 60 days as long as you are married before approval.

[kgudem]

Thanks Belle, Once I file for her 485 and her EAD is approved she can use the ead and not worry about H1 right?

[Joe.F]

Originally posted by KGUDEM:

Thanks Belle, Once I file for her 485 and her EAD is approved she can use the ead and not worry about H1 right?

That's correct.

[muramalla]

Thanks Belle. Looking at your reply, its relieving that I can safely apply for my wife's 485.

Primary Category - EB2 I

PD - September 11, 2006 (Current since June 2011)

485 Approved on - June 24th, 2011

Wife - H1b

My Attorney applied my wife's 485 on June 2nd and got rejected.

Reason for rejection in Rejection notice -Priority Date couldn't be established

Actual Reason ( I think ) - Wrong Lockbox ( sent to Chicago Lockbox, it should be Phoenix )

My Attorney reapplied my wife's 485 on June 22nd ( 2 days before mine got approved) and still waiting it is 23 days so far. Checks not cashed and no receipt/rejected notice yet.

Wrong Lockbox again second time - Chicago

I am very confused now regarding my wife's 485 applicaiton.

I had an appointment with Murthy.com attorney ( who I trust the most) and they said, I can apply for my wife's 485 and there is no problem. And there is no time limit by when I should file 485, if the dependent has a valid status in US and the marriage exists.

My attorney says that I have to do Follow to Join.

When I searched on USCIS website, all it says that Consular processing is the only option.

Can I apply my wifes 485 even before I get the rejection notice ? ( My Attorney says that there could be a risk of both applications getting rejected )

Is there any link on USCIS website which gives some guidance on this ?

warm regards,

Originally posted by nitesh1980:

I think you have 60 days to apply for your spouse after you get your greencard, i am not sure if this 60 days applies to 485 approval or Greencard itself. I would recommend checking with an Attorney but I am pretty sure you can apply within 60 days as long as you are married before approval.

[kgudem]

Murumalla,

Based on the instruction on the 485 form, I think chicago is the correct location. Did you attorney include the 140 approval notice / 485 recipt notice by which they can detemine the priority date with the application ?

I think that might be the issue.

[muramalla]

I took and infopass appointment today, and the Immigration Officer told me that that I have to send it to Chicago.

on USCIS website (First link in Google search for "Direct Filing Addresses for Form I-485, Application to Register Permanent Residence or Adjust Status"

)

it says that it should be Phoenix.

More confusing

Originally posted by KGUDEM:

Murumalla,

Based on the instruction on the 485 form, I think chicago is the correct location. Did you attorney include the 140 approval notice / 485 recipt notice by which they can detemine the priority date with the application ?

I think that might be the issue.