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longw84gc's Immigration Cases

You cannot add your spouse if you get married after getting your GC. She will either have to apply on her own (employment) or wait till you become a USC. You can apply for her as Family 2A category but priority date for that right now is in 2005. Either way you wait for 5 years - to become USC or apply and get a GC as spouse of permanent resident (as family 2A). In the mean time she will have to maintain her own legal status. I am speaking from my own experience.

I think there is a rule about F1-OPT that when in OPT period, one cannot be unemployed for more than 90 days. I don't know when this rule went into effect. Check this link for some information regarding OPT, http://www.hopkinsmedicine.org/intlsvcs/NewF1OP... (Period of unemployment section)

When did you apply for AOS, during July 2007???
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Original post from gc2all:

"Also there was another point on her RFE saying that - at the time of AOS filing she was on F1-OPT but she never worked on OPT. They are asking to show proof that she was engaging in authorized practical training in the field of study when the adjustment of status was filed. My wife did not get a chance to work in OPT as the time finished in search of jobs and finally got one in immediately after her H1B approval.."

I am a late July filer (25th)..

no as I got a call from TSC IO on my office phone..
She asked me to fax the copy of my birth certificate..
Faxed it next day.. but no update at all..

plus my 485 is pending at TSC and TSC seems to be very bad about updating the case status..

[You didn't get "RFE sent" hard LUD?]

I am also a July 07 filer..
FP in Oct. 07 and RFE in Apr. 09..
no change in status after the initial status of "Case received and pending" in Sept. 07..
at least I know IO looked at my file as I got RFE for birth certificate..

In my opinion, processing dates matter to only EB1s and EB2 Row. Otherwise it is a useless piece of information for other categories.

gcdaydonaa,

As Springaround said, 1 year (hopefully not too long) after the spouse becomes USC. But I don't know what effect the person being out-of-status will have when you apply for 130 & 485. It is better to consult a lawyer in this matter. I was able to comment on GCrules's question as I am in the same position as she is.

Hi GCrules:

I am married to a GC holder. So you can go ahead and marry your fiance'(?) It does not really help you as you still need to maintain your own legal status in US. When you marry a GC holder, he/she can apply for Family based 2A (I-130) but you cannot apply for adjustment of status till your priority date is current. As somebody else mentioned priority date for Family 2A is Dec. 2004. So even if you apply 130 under 2A you wait time is atleast 5 years or whenever your fiance'/husband becomes US Citizen. I also have 485 pending under employment based. That is the only way I could maintain my status so as to work and stay here legally. Once my spouse becomes US citizenship we will apply for I-130 for immediate relative. There is no priority date for this category.

Hope this explanation helps. I am not a lawyer but this is my personal experience. I had consulted Murthy and she even told us the same thing.

Hi GCkabayega:

At least I know that USCIS is reviewing my file. The online status for my 485 has not had any updates at all after Sept. 2007.

I did get a call from TSC IO on my office phone number as my employer (well known university) had mentioned in their letter that they (USCIS) can call me directly. The IO asked me to send a birth certificate and gave me her XM # and fax #. I checked with the office of international programs and they told me that they get called sometimes. And this way it helps speed things up - otherwise they need to send a request by mail and it delays the process.

Another TSC July 07 filer. FP in Oct. 07, phone RFE in Apr. 09 for birth certificate but no change in status at all. status still says received and pending, Sept. 07

My AP was approved in Sept. 2008 but no change in online status. I even used the AP to enter US in Feb. 2009. Got call from TSC IO on my 485. The nice IO asked me to send birth certificate. I faxed it last week but no change in online status at all. It is stuck at Sept. 2007. :)

[Original post from GC ..pchh!!!:

AP approved in FEB 2009 from TSC and got RFE call from IO to my employer on my 485 .No updates on either of them...AP case is still pending.If i travel with my AP, at POE the IO may feel that its a FAKE AP and may deport me by seeing at the pending status of my AP case.]

I also have a birth certificate (BC) without my name on it. When last time I visited India, I made a notarized affidavit. I do hope it works as I got a call from TSC IO yesterday asking me to send a BC. Today I faxed the copies of my BC & affidavit to TSC fax number given by IO. I had sent my school leaving certificate but they won't accept that as a BC.

"Wife’s RFE is about three things as well:
2. The submitted birth certificate does not list the name of the child."

I got a phone call on my office number from a nice IO asking me to send the copy of my birth certificate. She gave me a fax #.

I did go for finger printing for EAD renewal, but not for AP.

"Original post from jacobk8:

did you went for fingure printing? "

I sent copies of 485 receipt notice and 140 approval notice. Got NOID as I did not send photos. Got approved once I sent the photos.

I renewed my passport in 2002 from San Francisco and they included my Indian as well as American address on the passport. So I guess the practice varies from consulate to consulate.

Only vision test. No written test.

Maryland driver license is marked 'temporary' if you had the license from some other state for less than 18 months. Check this link, http://mva.state.md.us/DriverServ/Apply/... I don't think EAD or pending 485 makes a diffrence. When I moved to MD, I only had 1 yr remaining on my H1 but I still got driver license valid for 5 yrs.

for example - a librarian..
I don't know the code..

Member Profile: longw84gc (31 posts)