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tom1024
08-18-2009, 09:29 PM
Hi,

I have my I-140 approved through EB1-A. I plan to file my wife's I485+EAD+AP next week (my own has been done last week). She is holding H4, and unemployed. I have few questions about filing her applicaiton, and any help would be greatly appreciated.

1) What materials from my I-485 applications should be included in her package in addtion to my I-140 approval notice and marriage certificate? For examply, my employment letter, pay stubs, copy of my I-485 form ...

2) To file I-485, she has to be in US physically. Does it mean that she cannot leave until she receive the receipt notice, or it is ok that FedEx shows that the package has been delivered?

3) She doesn't have an A#. Can she use my A#?

4) In my form, it was filled for EAD form item 16 with "Eligibility under 8 CFR 274a.12 (c) (9) ( ) ". What is for my wife?


Thanks,

Tom

amsgc
08-18-2009, 09:42 PM
Please see my response below.
If you find my responses useful, please consider helping (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44) us in our efforts (http://immigrationvoice.org/index.php?option=com_content&task=view&id=5&Itemid=47).

Thanks and Good luck!

Hi,

I have my I-140 approved through EB1-A. I plan to file my wife's I485+EAD+AP next week (my own has been done last week). She is holding H4, and unemployed. I have few questions about filing her applicaiton, and any help would be greatly appreciated.

1) What materials from my I-485 applications should be included in her package in addtion to my I-140 approval notice and marriage certificate? For examply, my employment letter, pay stubs, copy of my I-485 form ...

=>
1. Copy of your I-140 approval notice
2. Copy of your I-485 receipt notice
3. Copy of marriage certificate

2) To file I-485, she has to be in US physically. Does it mean that she cannot leave until she receive the receipt notice, or it is ok that FedEx shows that the package has been delivered?

=> I-485 is application to adjust status. Therefore, she needs to be physically present in the US. Wait till she receives the receipt notices (so that if need be you can file it again - it is not uncommon for the application to be returned (missing signatures, incomplete etc).

3) She doesn't have an A#. Can she use my A#?
=> If she doesn't have A#, leave it blank. She must not use yours.

4) In my form, it was filled for EAD form item 16 with "Eligibility under 8 CFR 274a.12 (c) (9) ( ) ". What is for my wife?
=> Same as yours - C9

Thanks,

Tom

tom1024
08-18-2009, 09:57 PM
Thanks amsgc for your input - very helpful :)
Now the only problem is that my wife plans to stay in US for one week. Even she submits her I-485 in the first day, and I am afraid that we couldn't get the receipt in the last day. Do you know if there is any express service request for USCIS to return a receipt?

Thanks,

Tom

amsgc
08-18-2009, 10:09 PM
I am not aware of any expedite service provided by USCIS. I don't think it exists.

Typically, with any application, if the initial evidence is submitted correctly and the application packet is complete without any errors, USCIS will cash your checks the day after it receives the application.

Once you know they have deposited your checks, then you can be assured that your application has been accepted and the receipt notices are in the mail.

Thanks amsgc for your input - very helpful :)
Now the only problem is that my wife plans to stay in US for one week. Even she submits her I-485 in the first day, and I am afraid that we couldn't get the receipt in the last day. Do you know if there is any express service request for USCIS to return a receipt?

Thanks,

Tom

tom1024
08-18-2009, 10:13 PM
Many thanks, amsgc, for your great help :)

tom1024
08-19-2009, 06:40 PM
One more quesition. I am afraid that I couldn't receive my I-485 receipt notice when filing my wife's I-485. Is there any alternative to the copy of my I-485 receipt notice?
Thanks,
Tom