I485 application

[Sanjay777]

Dear Friends,

I am applying I485 for my spouse and I need some information. Any information and suggestion are really appreciated.

Here are my two questions:
1. Do I have to file I485 based on the Final action date or Dates for filing date? The priority date mentioned on I130 is March 30th, 2016. Current Dates for filing is April 8th, 2016. Does it mean I can file AOS for her at this moment?

2. In the new I485 document, USCIS is asking alien number on the top of each page. Is that my (petitioner's) or my spouse (beneficiary's) number?

Thank you so much in Advance,
Sanjay

[newacct]

1. Do I have to file I485 based on the Final action date or Dates for filing date? The priority date mentioned on I130 is March 30th, 2016. Current Dates for filing is April 8th, 2016. Does it mean I can file AOS for her at this moment?

You are looking at the two charts in the Department of State's visa bulletin. However, it is USCIS that adjudicates AOS, and whether you can file I-485 a given month is determined by USCIS's visa bulletin's single chart. Every month, USCIS chooses one of the two Department of State charts to use. Usually, for the first few months of each fiscal year (October to March or April) they will use the Date for Filing chart, and for the last few months of each fiscal year (April or May to September), they will use the Final Action Date chart. Right now (September), it is using the Final Action Date chart, so your spouse cannot file this month. But for October, they will almost certainly use the Dates for Filing chart, so if it hasn't retrogressed, your spouse will almost certainly be able to file in October, if they remain in status at that time.

2. In the new I485 document, USCIS is asking alien number on the top of each page. Is that my (petitioner's) or my spouse (beneficiary's) number?

I-485 is filed by the beneficiary, so everything is about your spouse.

[Sanjay777]

Thank you so much Newacct for your valuable suggestion. It helped me a lot.

I have couple of questions again, please advise.

1. My spouse is graduating this fall (Dec 2017). Will it be a good idea to apply I485 and EAD on this October or apply OPT card and apply I485 later down the road after the graduation?

2. If I apply I485 this Oct and if my spouse does not have an OPT, what will be her status after the graduation? In short, does the AOS pending status give her permission to stay in USA legally?


Lots of thanks in advance.
Sanjay!

[newacct]

1. My spouse is graduating this fall (Dec 2017). Will it be a good idea to apply I485 and EAD on this October or apply OPT card and apply I485 later down the road after the graduation?

I-485 and EAD are better

2. If I apply I485 this Oct and if my spouse does not have an OPT, what will be her status after the graduation? In short, does the AOS pending status give her permission to stay in USA legally?

She will be on F1 status for 60 days after graduation, then she will have no status. Someone with I-485 pending can stay in the US regardless of whether they have status.

[Sanjay777]

Thank you Newacct once again. Your replies are very helpful to me. Appreciated!