| Q. |
Applying for I-485 for spouse
The priority date for my EB2 application is 12th Oct 2004. My I-485 application was filed in Aug 2007, Receipt date is 30th Aug 2007.
I got married on 28th Dec 2007, my wife is in the US on H-1B visa (she works in NYC, I work in Los Angeles, her employer has not started her green card application)
I will be filing her I-485 application (derivative on mine) in Aug 2008 since I will be current for that month.
If her application is received by the USCIS on 15th Aug 2008 ( for example) and my I-485 is approved before then ( say 5th Aug 2008) is her application invalidated?
Does she absolutely have to apply prior to my I-485 being approved or can we apply anytime in the period that my priority date is current?
User's Location:
Santa Clarita, California, United States of America
Category:
Employment-based Green Card
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| A. |
The key date for your wife's eligibility for status as your accompanying spouse (derivative) is your marriage date, not the filing date of her I-485. Therefore, just file her I-485 as soon as possible, but don't worry if your I-485 is approved prior to the receipt date for her I-485. She will still be approved according to the service center processing times. |
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Fredrick W. Voigtmann
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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