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Derivative/Dependent Petition before I-485 (employment based) approved

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  • Derivative/Dependent Petition before I-485 (employment based) approved

    Hello to all!

    I just need some help trying to figure out how I could have my wife and my son be with me, while I am waiting for my I-485 to get approved. I have read on a previous thread that it is possible, and even advisable, to file an I-485 for a dependent before my I-485 gets approved. My wife and my son were never on my original application, because I got married a few years after I originally filed for an employment based adjustment of status.

    We have spoken to several attorneys about our situation, and they have all said the same thing: that I have to wait to become a US citizen before I could petition for them. If this is true, looking at how slow the visa bulletin is moving, my son would be 8 years old (he's an infant right now), before we could be together as a family.

    The attorneys have told us that the reason we cannot file an I-485 for my wife is that there are no visas available. My question is, when do they become available, and how do I track when they become available. Also, do I really have to wait for a visa to be available, if all I want is to petition for them so we could all be together?

    Please help me find the best solution to my problem. I want to be with my family.

    Details:
    -I-140 has been approved since 2008
    -I have not changed employer
    -I-485 notice date is August 2007 (VISA BULLETIN SHOWS OCT 2006, but is moving one week every month)
    -I have been paroled into the US several times (because I constantly leave to visit my wife and son)
    -my wife has a tourist visa (but the more she comes to visit, the harder the immigration officers question her)
    -my wife has never overstayed/violated her tourist visa
    -we are from the Philippines

  • #2
    Derivative/Dependent Petition before I-485 (employment based) approved

    I think you can't file a petition for your wife and your child if you are not a US Citizen or Legal Permanent Resident.

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