Help: I-485 and Marriage

Old Jan 29th 2001, 2:10 am
  #1  
ccao
Guest
 
Posts: n/a
Default

Hi all,

I am having a tough situation and I hope any experts out there could share some of their
thoughts. Thanks.

I filed an I-485 under EB-3 in 1999 when every EB category was current. I got married
after that, but the priority date retrogressed and I couldn't file my wife's case then. I
applied for a new I-140 under EB-2 with the same company and got it approved. I filed a
new I- 485 with my wife added after the priority date for EB-2 became current last year. I
was waiting for the priority date for EB-3 to become current so that I could add my wife
to the previous I-485 too.

Here came the problem. The priority date for EB-3 became current this month, but I
received the approval notice for the previous I-485. I don't know what I can do with the
approval. What will happen to the second I-485 if I accept this approval? What will happen
to my wife's case?

I would appreciate any thoughts.

Chao
 
Old Jan 30th 2001, 5:48 pm
  #2  
Ingo
Guest
 
Posts: n/a
Default

:

>Hi all,
>
>I am having a tough situation and I hope any experts out there could share some of their
>thoughts. Thanks.
>
>I filed an I-485 under EB-3 in 1999 when every EB category was current. I got married
>after that, but the priority date retrogressed and I couldn't file my wife's case then. I
>applied for a new I-140 under EB-2 with the same company and got it approved. I filed a
>new I- 485 with my wife added after the priority date for EB-2 became current last year.
>I was waiting for the priority date for EB-3 to become current so that I could add my
>wife to the previous I-485 too.

That was a bad move - you should have filed an I-485 for your wife only, but not another
one for you. As you are experiencing, this creates a mess.

There is no law that says your wife has to file simultaneously with you.

>Here came the problem. The priority date for EB-3 became current this month, but I
>received the approval notice for the previous I-485.

Now you are a Green Card holder, congratulations! I would suggest you contact an
experienced attorney to figure out what to do with the second I-485, whether to withdraw
it or just let it run it's course. I think withdrawing would be the thing to do, but it
could lead to more misunderstandings - so ask somebody more experienced than me!

You can also try calling the INS telephone line during the day and, after patient
redialing, talk to an INS Immigration Information Officer (IIO). The IIO may be able to
look up all three I-485s and tie them together and sort it out.

>I don't know what I can do with the approval. What will happen to the second I-485 if I
>accept this approval? What will happen to my wife's case?
>
>I would appreciate any thoughts.
>
>Chao

I am not a lawyer and this is not legal advice. For reliable advice, please consult with a
professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at http://travel.state.gov/visa_services.html
(Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not know
all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of the
Web site owners and do not receive nor accept payment in return for listing them, and
typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site listed
here, please e-mail me).
 

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Manage Preferences - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.