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Problem with 485 adjustment of status of spouse

Problem with 485 adjustment of status of spouse

Old Jul 30th 2004, 12:34 pm
  #1  
John Bliss
Guest
 
Posts: n/a
Default Problem with 485 adjustment of status of spouse

Me and my wife had applied for I-485 adjustment of status in August,
2002. At that time, I had an H1 and she an H4. In October 2002, both
of us were fingerprinted.

In the meantime, things did not work out between us, and we separated
in February of 2004. I filed for divorce in April 2004, and expect to
get divorced by November 2004.

In April 2004, I received a request for evidence for new paystubs, tax
returns etc, and was also asked for a new set of fingerprints. I got
fingerprinted again, and sent in the pay stubs etc. But there was no
such request for my wife. About 1 month ago, I received approval
notice of my I-485 application.

But there has been no news of the AOS application of my wife. When I
check the BCIS online case status website for myself, it says:

"On May xx, 2004, we received your response to our request for
evidence or information. It is taking between 660 and 660 days for us
to process this kind of case. However because preliminary processing
was complete, the remaining processing time will be less than the
maximum stated in this message. You will receive a written decision on
this case."

This message is a little out of date because my AOS application has
been already approved.

For my wife, the status is:
"On October xx, 2002, the results of your fingerprint review for your
I485 Application to Register Permanent Residence or to Adjust Status
were received, and processing has resumed on your case. We will mail
you a notice if further action is needed, or when a decision is made."

What do you guys think is going on? Do you think this is just a
routine delay. Do you think that my wife could get her green card,
without new fingerprints, because none have been requested so far.
What exactly is her status right now, because I no longer have my H1
status so I am guessing she does not have H-4 status as well? I am
wondering what will happen to her immigration status after the divorce
becomes final.

My lawyer says there is no definitive way to find out about the status
of my wife's application. Is this true?

Thanks

John
 
Old Aug 2nd 2004, 11:50 am
  #2  
John Bliss
Guest
 
Posts: n/a
Default Re: Problem with 485 adjustment of status of spouse

[email protected] (John Bliss) wrote in message news:<[email protected]. com>...
    > Me and my wife had applied for I-485 adjustment of status in August,
    > 2002. At that time, I had an H1 and she an H4. In October 2002, both
    > of us were fingerprinted.
    >
    > In the meantime, things did not work out between us, and we separated
    > in February of 2004. I filed for divorce in April 2004, and expect to
    > get divorced by November 2004.
    >
    > In April 2004, I received a request for evidence for new paystubs, tax
    > returns etc, and was also asked for a new set of fingerprints. I got
    > fingerprinted again, and sent in the pay stubs etc. But there was no
    > such request for my wife. About 1 month ago, I received approval
    > notice of my I-485 application.
    >
    > But there has been no news of the AOS application of my wife. When I
    > check the BCIS online case status website for myself, it says:
    >
    > "On May xx, 2004, we received your response to our request for
    > evidence or information. It is taking between 660 and 660 days for us
    > to process this kind of case. However because preliminary processing
    > was complete, the remaining processing time will be less than the
    > maximum stated in this message. You will receive a written decision on
    > this case."
    >
    > This message is a little out of date because my AOS application has
    > been already approved.
    >
    > For my wife, the status is:
    > "On October xx, 2002, the results of your fingerprint review for your
    > I485 Application to Register Permanent Residence or to Adjust Status
    > were received, and processing has resumed on your case. We will mail
    > you a notice if further action is needed, or when a decision is made."
    >
    > What do you guys think is going on? Do you think this is just a
    > routine delay. Do you think that my wife could get her green card,
    > without new fingerprints, because none have been requested so far.
    > What exactly is her status right now, because I no longer have my H1
    > status so I am guessing she does not have H-4 status as well? I am
    > wondering what will happen to her immigration status after the divorce
    > becomes final.
    >
    > My lawyer says there is no definitive way to find out about the status
    > of my wife's application. Is this true?
    >
    > Thanks
    >
    > John

Any help or comments on this problem will be greatly appreciated
 
Old Aug 10th 2004, 12:05 pm
  #3  
Sylvia Ottemoeller
Guest
 
Posts: n/a
Default Re: Problem with 485 adjustment of status of spouse

"John Bliss" <[email protected]> wrote in message
news:[email protected] om...

    > Me and my wife had applied for I-485 adjustment of status in August,
    > 2002. At that time, I had an H1 and she an H4. In October 2002, both
    > of us were fingerprinted.
    > In the meantime, things did not work out between us, and we separated
    > in February of 2004. I filed for divorce in April 2004, and expect to
    > get divorced by November 2004.
    > In April 2004, I received a request for evidence for new paystubs, tax
    > returns etc, and was also asked for a new set of fingerprints. I got
    > fingerprinted again, and sent in the pay stubs etc. But there was no
    > such request for my wife. About 1 month ago, I received approval
    > notice of my I-485 application.
    > But there has been no news of the AOS application of my wife. When I
    > check the BCIS online case status website for myself, it says:
    > "On May xx, 2004, we received your response to our request for
    > evidence or information. It is taking between 660 and 660 days for us
    > to process this kind of case. However because preliminary processing
    > was complete, the remaining processing time will be less than the
    > maximum stated in this message. You will receive a written decision on
    > this case."
    > This message is a little out of date because my AOS application has
    > been already approved.
    > For my wife, the status is:
    > "On October xx, 2002, the results of your fingerprint review for your
    > I485 Application to Register Permanent Residence or to Adjust Status
    > were received, and processing has resumed on your case. We will mail
    > you a notice if further action is needed, or when a decision is made."
    > What do you guys think is going on? Do you think this is just a
    > routine delay. Do you think that my wife could get her green card,
    > without new fingerprints, because none have been requested so far.

She won't have her I-485 properly approved without a new set of fingerprints
being taken. However, someone could make a mistake and request the
fingerprints without updating the database, and she could provide them, or
she could even get approval by mistake without the fresh fingerprints. But
this seems unlikely.

    > What exactly is her status right now, because I no longer have my H1
    > status so I am guessing she does not have H-4 status as well?

If she is in the U.S. and she never applied for another status, she is an
applicant for adjustment to permanent resident status.

I am
    > wondering what will happen to her immigration status after the divorce
    > becomes final.

If her I-485 is approved before the divorce, she will have permanent
resident status.

If her I-485 is not approved, unless she has obtained another temporary
status, she will be in violation of her I-485 applicant status on the date
of the divorce. USCIS probably won't find that out, however. If her I-485
is approved later, she will have a kind of clouded situation which may never
be uncovered by USCIS.

    > My lawyer says there is no definitive way to find out about the status
    > of my wife's application. Is this true?

I think you could file a Freedom of Information Act request, if you are
really interested.
 

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