Green card beneficiary?

[huzaifa.gain]

My husband’s company will sponsor his green card. He will be living and working in Chicago. But I would be living and working in NY. I want to know whether he can add me as his beneficiary when the 485 is filed considering that we both will be living in different states and both will be on H1?

[blancx]

yah you guys can live in sep states...but you cannot be included in the 485 application...YOU have to fill out the 485 application.

And why is it that the wife cannot be a included in the husband's 485 application? Is it that only dependents can be included in the primary beneficiary's 485 application?

I personally know a couple, wherein the husband and wife are on H1 and the wife (had GC processing in the EB3) was a derivative on the husband's 485 application (husband was EB2 and the 485 was filed last year when the dates were current). Both husband and wife live and work in the same state, but I don't think it matters. How do you explain that?

[catx]

The confusion in the posts is that a dependent's derivative permanent residency (green card) is actually filed on their own I-485 adjustment of status on the basis of the primary beneficiary's I-485 adjustment of status (which is based on their approved I-140 petition and priority date being current). In other words, the primary beneficiary files an I-485 adjustment of status along (concurrently) with the dependent's derivative I-485 adjustment of statuses.

[JoeF]

And why is it that the wife cannot be a included in the husband's 485 application?

An I-485 is ALWAYS only for one person.

Dependents ALWAYS have to file their own I-485s, based on the primary applicant's immigrant petition (I-130 or I-140.)

[mnm0710]

I just think omshiv means that you need to fill out separate I-485 applications. The primary will fill out one form, the spouse will fill out another and choose the "My spouse....applied for adjustment of status....in an immigrant category that allows derivative status for spouses and children"

[blancx]

Clearly a wrong choice of words in my part. Thanks for the insight on the nuances. One does get the benefits but via a separate application.

Hope huzaifa.gain has her question answered. She can benefit from the husband's 485 application by filing her own 485 application and claiming benefit of the husband's application.

Now please help me understand this, (1) will the couple's 485 applications be counted towards 2 separate visa numbers for GC? (2) Or the husband's application counts towards 1 visa number and the wife's is not counted towards another separate visa number since she is the beneficiary?

I think scenario (2) helps conserve visa numbers.

[JoeF]

Now please help me understand this, (1) will the couple's 485 applications be counted towards 2 separate visa numbers for GC?

Yes.

That's actually one of the things that is contributing to the delays. Dependents are taking over 50% of the numbers.

<rant>If the st*pid lobbying organization that pushed the doomed POS HR3012 bill would have concentrated on lobbying for taking dependents out of the visa numbers instead, the backlog would to a large extent be gone by now...</rant>

[catx]

Now please help me understand this, (1) will the couple's 485 applications be counted towards 2 separate visa numbers for GC? (2) Or the husband's application counts towards 1 visa number and the wife's is not counted towards another separate visa number since she is the beneficiary?

The answer is (1), each person's I-485 uses a separate visa number and is counted against the quota. (One of the immigration reforms in the current initiatives is to change this so that dependent's permanent residency visas (green cards) are not counted in the quota of visa numbers.)

[huzaifa.gain]

Sorry for the confusion. Can my file wife her I-485 claiming benefit of the my application? considering we both live and work in different states. She is completely her medical residency that why we are leaving in 2 different state.

[chakrakr]

Yes.

That's actually one of the things that is contributing to the delays. Dependents are taking over 50% of the numbers.

<rant>If the st*pid lobbying organization that pushed the doomed POS HR3012 bill would have concentrated on lobbying for taking dependents out of the visa numbers instead, the backlog would to a large extent be gone by now...</rant>

So what was the "smart lobbying organizations" doing . Just sucking fingers ?

[blancx]

Thanks for the inputs JoeF and catx.

This whole thing is a prima facie case of insanity. I wonder what the rational is behind including a visa number for the dependent towards the annual quota. I think its because the visa number (and the GC) permits the individual to permanently live and work. That is why everyone has to be counted, and not just the primary.

The system is super-duper outdated. Mind boggling !!!!!

[JoeF]

Thanks for the inputs JoeF and catx.

This whole thing is a prima facie case of insanity. I wonder what the rational is behind including a visa number for the dependent towards the annual quota.

That it "always was the case", probably.

It actually is not even spelled out clearly in the law, so several prominent lawyers have asserted that it could be changed just with a Presidential Directive.

[JoeF]

So what was the "smart lobbying organizations" doing . Just sucking fingers ?

Probably, yes. They don't even show what they did with the donations they got. They'll likely get a tax audit eventually.