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Adding spouse to pending application.

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Posted by ForeverStuck (744) 03 Jan 2018#1
Hi,
I am current this month and my I485 has been pending since July 2007. I got married in between but have not added my spouse as a dependent. I am trying to get her paper work filed (she is on H1).
In case there is a decision before her paperwork is filed what are my options?
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Posted by ForeverStuck (744) 03 Jan 2018#2
to ForeverStuck:

Anyone has information?
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Posted by bkrishnan (54) 03 Jan 2018#3
to ForeverStuck:

I was kind of in a similar boat a couple of months ago. I became current 2 months ago (pending since 2007) and got an RFE for my application but was wife was on H4. Our attorney replied my RFE and filed a new 485 application for my wife on the same day. I got the GC in 2 weeks, but my wife's AOS is still pending. Attorney said that she can continue to stay in the US until her AOS is pending.
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Posted by Zzzzzz (2715) 03 Jan 2018#4

Hi,
I am current this month and my I485 has been pending since July 2007. I got married in between but have not added my spouse as a dependent. I am trying to get her paper work filed (she is on H1).
In case there is a decision before her paperwork is filed what are my options?


to ForeverStuck:

There is no such thing as adding a dependent to an existing application.

Your spouse will file their own I-485 as a dependent based on your EB classification and PD.

This assumes they have no ineligibility to do so.

There is no absolute need for your spouse's application to have been received by USCIS before your own approval.

245(k) allows up to 180 days out of status while doing so. Since your spouse is maintaining status on an independent H1B, this shouldn't be an issue anyway.
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Posted by gcretro (57) 03 Jan 2018#5
to bkrishnan:

bkrishnan and others,
Did your dependent wife get interview notice yet? Can you please check with you attorney IF you (with approved GC) will be allowed to attend interview with her? Interview notice will be for your wife.

I am in the same boat. My Aug '06 EB3I PD became current in September and I got approval. I filed for my Wife's (married in 2010) I-485 mid September. She's on her own H1b status. Now after 4 mo my wife has got interview notice for late Jan.

Most folks here attend interview as a couple. I am trying to gather interview feedback for cases where primary was approved recently (without interview) and dependent ALONE is pending and has to go for interview (given their 485 was filed recently).

(And as long as one is married before 485 approval, spouse is considered a derivative. That part is clear.)
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Posted by bkrishnan (54) 04 Jan 2018#6
to gcretro:

She did not get the interview notice, she did get a notice to get her biometrics done and she completed that more than a month ago. Will she still get an interview notice after the biometrics are done? How about your spouse, did she also get her biometrics completed?
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Posted by BPSSMG (186) 08 Jan 2018#7
to Zzzzzz:

Your spouse will have to file her 485 once your priority dates are current. After that, she will receive receipt notices, will be assigned an A number, and scheduled for biometrics/ interview and so on. I think there is a certain window after your approval within which she should apply, so please consult a professional
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Posted by bkrishnan (54) 08 Jan 2018#8
to BPSSMG:

Does the interview after biometrics or it can also be the other way? My spouse had her biometrics, but no call for an interview yet.
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Posted by gcretro (57) 08 Jan 2018#9
to bkrishnan:

Yes, my wife got had her fingerprint end of Oct. Last week we got her interview notice for last week of Jan.

My GC is approved 4 months ago, I don't have much feedback for cases like mine where primary was approved before the 'interview era' and spouse 485 was filed recently and have to go through interview. I hope I'll be allowed in the interview.
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Posted by bkrishnan (54) 09 Jan 2018#10
to gcretro:

Thanks for the info. Did you wife get her EAD already or will that happen only after the interview?
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Posted by NiluB (60) 09 Jan 2018#11
to gcretro:

The interview notice (at least the ones we received) clearly stated that if the eligibility for filing I-485 is based on marriage, the spouse needs to attend the interview.
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Posted by gcretro (57) 09 Jan 2018#12
to NiluB:

Thanks. Yes my wife interview notice does have that a line in bold too. So hopefully they would want me (principal) in the interview even though my GC was approved 4 months ago.
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Posted by ForeverStuck (744) 09 Jan 2018#13
to gcretro:

Was your wife's case filed before you got your approval?
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Posted by gcretro (57) 10 Jan 2018#14
to ForeverStuck:

No, mine got approved as my PD got current in Sept'17. Wife 485 was received by uscis mid September.

As long as the marriage was before primary's 485 approval, derivative's 485 gets the same PD. Reference item#6 on the policy manual here https://www.uscis.gov/policymanual/HTML/PolicyMa...
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Posted by samyforgc (33) 10 Jan 2018#15
to gcretro:

Is this really correct?? I am in a similar situation, my PD is May '16, got married in Jun '17, filed wife's i485 in Oct '17.

I was under the impression that her PD will be Oct '17, confirmed with couple people too. But given what you said, it appears that her PD will be May '16 as well. This is really interesting if this is correct.

How do I verify this with USCIS? Can I just call the helpline and verify this? Her 485 does show PD as Oct '17, since it was filed then. And her EAD was also filed during that time, so does it apply to EAD as well?
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Posted by ForeverStuck (744) 10 Jan 2018#16
to samyforgc:

That sounds incorrect. PD should be the one that primary applicant has. Others please chime in.
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Posted by gcretro (57) 11 Jan 2018#17
to ForeverStuck:

Correct. It's a known fact. But these interview notices I see the PD is being put as the RD. it's just that they haven't streamlined these interview notices yet
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Posted by ForeverStuck (744) 11 Jan 2018#18
to ForeverStuck:

Got a card production email today morning.
Yesterday we had sent the paper works for my wife's to be added as a dependent. Hoping it doesnt get impacted.
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Posted by GCSPOUSE2017 (16) 11 Jan 2018#19
to gcretro:

I am in the same boat, My GC approved In OCT 2017, my Husband who is on EAD and dependent on me has interview Jan 23, as per our Lawyer I do not have to go please confirm the same and if any other imp things I have to make a note of
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Posted by ForeverStuck (744) 11 Jan 2018#20
to BPSSMG:

BPSSMG,
I wanted to check with you. My I485 card production email was generated today. We send my wife's application yesterday for I485. Is this a problem now? Do I need to do any other paper work? Since you had a similar situation wanted to get your inputs.
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Posted by BPSSMG (186) 11 Jan 2018#21
Most folks here are in similar situation where they got married after their initial AOS had been filed, and now that the dates are becoming current, get an opportunity to 'add' spouse / file for their spouse AOS.

What I learnt/ gathered from various posts:

1. If Primary is EB, dependent would get primary's PD
2. If primary receives GC, they can file on F2A, but that would take a much longer time and won't make sense for the extra wait.
3. Primary whose GC have been approved, still have to accompany spouse to interview
4. Do not assume this is Family based due to marriage, spouse is still processed as a EB case.
5. Tricky part: Since this is based on EB, spouse will need to be able to answer all questions on primary's EB / 140 etc., (I know it sounds preposterous, my spouse didn't even ask me as many details before getting married as I had to explain my job, work experience and education for the interview) You are required to take documents needed for EB case
6. Doesn't mean you neglect bonafide marriage documents. They are subject to inspection and questions.
7. At the interview, it may be possible both are allowed inside, or only the sponsored spouse.
8. At the interview, only spouse maybe asked to take oath. You can ask to take oath since it will help to answer some of the questions.
9. Spouses who have received interview notices, many of them haven't received EAD/Parole yet
10. Processing dates, even though are based off the primary's PD, maybe delayed based on field office timelines
11. After interview, Officer may communicate approval, or inform that they need to conduct further review.

Never lie or provide false information.
If you don't know the answer, state so.
If you need to check facts, state and request so before answering
If a question is not clear, please request clarification.

Do not assume, or provide maybe, vague answers. Remember, you are under oath.

My advise or information is neither endorsed by USCIS, or legal advise. Just FYI. Each individual case is different and unique.
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Posted by BPSSMG (186) 11 Jan 2018#22
One other thing:

I think the sequence of events is Receipt notices, Biometrics, Case transfer to NBC, assignment to Field Office and then interview. After interview - further review, or card production.

EAD & Parole happens at a different office.

Gurus, pls chime in/ correct if wrong.


Most folks here are in similar situation where they got married after their initial AOS had been filed, and now that the dates are becoming current, get an opportunity to 'add' spouse / file for their spouse AOS.

What I learnt/ gathered from various posts:

1. If Primary is EB, dependent would get primary's PD
2. If primary receives GC, they can file on F2A, but that would take a much longer time and won't make sense for the extra wait.
3. Primary whose GC have been approved, still have to accompany spouse to interview
4. Do not assume this is Family based due to marriage, spouse is still processed as a EB case.
5. Tricky part: Since this is based on EB, spouse will need to be able to answer all questions on primary's EB / 140 etc., (I know it sounds preposterous, my spouse didn't even ask me as many details before getting married as I had to explain my job, work experience and education for the interview) You are required to take documents needed for EB case
6. Doesn't mean you neglect bonafide marriage documents. They are subject to inspection and questions.
7. At the interview, it may be possible both are allowed inside, or only the sponsored spouse.
8. At the interview, only spouse maybe asked to take oath. You can ask to take oath since it will help to answer some of the questions.
9. Spouses who have received interview notices, many of them haven't received EAD/Parole yet
10. Processing dates, even though are based off the primary's PD, maybe delayed based on field office timelines
11. After interview, Officer may communicate approval, or inform that they need to conduct further review.

Never lie or provide false information.
If you don't know the answer, state so.
If you need to check facts, state and request so before answering
If a question is not clear, please request clarification.

Do not assume, or provide maybe, vague answers. Remember, you are under oath.

My advise or information is neither endorsed by USCIS, or legal advise. Just FYI. Each individual case is different and unique.


to BPSSMG:

One other thing
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Posted by ForeverStuck (744) 11 Jan 2018#23
to BPSSMG:

If primary receives GC, they can file on F2A, but that would take a much longer time and won't make sense for the extra wait ---
The lawyers filed a regular I485/AOS yesterday for my wife (and I got approval today). It did not have an F2A. Is this an issue?
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Posted by gcretro (57) 11 Jan 2018#24
to ForeverStuck:

As long as you were married before your 485 approval you are fine. Your spouse will file EB based 485. Don't confuse with f2a etc.
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Posted by gcretro (57) 11 Jan 2018#25
to GCSPOUSE2017:

My attorney said if the officer allows you go along. If not wait in the waiting area.
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