murthybabu Posted July 18, 2013 Report Share Posted July 18, 2013 Hi, If my EB2 485 gets approved before my wife's 485 is filed as a derivative, does she have to file i130? We got married before greencard approval. She is on H1 visa. Or is she eligible to file a regular 485 as a derivative without i130? Thank you. Link to comment
pontevecchio Posted July 18, 2013 Report Share Posted July 18, 2013 If the dates are current why have you not filed her AOS? Link to comment
murthybabu Posted July 18, 2013 Author Report Share Posted July 18, 2013 My attorney is working on her 485. Out of curiosity, wanted to know what options we had. Link to comment
JoeF Posted July 19, 2013 Report Share Posted July 19, 2013 If the marriage was before your GC approval, your spouse can file an I-485 when your PD is current, regardless if your I-485 is already approved or not. Link to comment
murthybabu Posted July 19, 2013 Author Report Share Posted July 19, 2013 Thanks JoeF. Appreciate the reply. Now I can breath. Link to comment
Belle Posted July 19, 2013 Report Share Posted July 19, 2013 My attorney is working on her 485. Out of curiosity, wanted to know what options we had. Rangle it out of the hands of the stupid attorney (more likely - paralegal) and file yourself. It's one page of information, two pages of checkboxes, and a few backup documents (birth certificate, her I-94 and LCA, your I-485 receipt or approval, I-140 approval if available, marriage ceertificate, medical, and possibly an EVL for your job). Link to comment
rambobu Posted July 19, 2013 Report Share Posted July 19, 2013 well, she will be okay only if her application is sent before you are approved. everything should have been ready to mail out on the day you became current. Link to comment
pontevecchio Posted July 19, 2013 Report Share Posted July 19, 2013 I am glad to hear the news. Link to comment
pontevecchio Posted July 19, 2013 Report Share Posted July 19, 2013 "It is OK if her application is sent before your approval" is not true. Link to comment
murthybabu Posted July 20, 2013 Author Report Share Posted July 20, 2013 Rangle it out of the hands of the stupid attorney (more likely - paralegal) and file yourself. It's one page of information, two pages of checkboxes, and a few backup documents (birth certificate, her I-94 and LCA, your I-485 receipt or approval, I-140 approval if available, marriage ceertificate, medical, and possibly an EVL for your job). My wife insisted on hiring an attorney. I have been doing my EAD ,AP and taxes myself for the last 6 years. I'll see if I can convince her by showing your comment :). Thanks Belle. Link to comment
Belle Posted July 23, 2013 Report Share Posted July 23, 2013 My wife insisted on hiring an attorney. I have been doing my EAD ,AP and taxes myself for the last 6 years. I'll see if I can convince her by showing your comment :). Thanks Belle. At least, put a pressure on the attorney to file ASAP. Link to comment
10451 Mill Run Circle, Suite 100
Recommended Posts
Archived
This topic is now archived and is closed to further replies.