I489 for newly wed wife

[mfwiagw]

Hey,

I just got married no long ago. I am on H1b+I485 status right now.
My wife born in mainland china and I want to submit I485 for her.
Lawyer told me that I couldn't do it for her just because that she is born in mainland china?
I am wondering whether that's true.
I am willing to take the risk and submit her I485. If she is not eligible, will USCIS still cash in the $1010 check and return the case?

Thanks

[txh1b]

I wonder how much you know about the green card process. Why do you want to burden USCIS with unwanted requests for a I485 when your PD is not current?

You can add a derivative only if your Priority Date is current? What is your PD? You need to check the latest bulletin as to what the cut off date is before "accepting" a risk and sending I485.

USCIS will reject it from the mailroom without cashing the check and if they cash the check, consider that gone. They can deny it even after cashing the check.

[mfwiagw]

My PD is current that's why I could submit my I485.
I thought that her's PD will be the same as my. is that so? If she is following the mainland China PD. That's going to take forever.

[txh1b]

Am I missing something here? If the PD is current, why will the attorney say no? What is your PD? She gets to keep your PD.

http://www.immihelp.com/greencard/visabulletin/october2008.html

[mfwiagw]

I am applying I140 using EB2 NIW, and my PD is current. Both my I140+I485 are pending right now.
If my wife gets to keep my PD, that would mean her PD is current too even if she is born in mainland China.
That would also mean I could submit her I485. Does that sound right?

I am kinda frustrated because the attorney told me that I couldn't apply for her because the cutoff date for people who born in mainland China is April 2004 and want me to ask USCIS myself on that matter.

I thank you very much for your answer.

[txh1b]

What qualifies you for NIW? You can apply for her 485 only if EB2 is current. Right now it is April 2004. If your PD is on or before that, you can apply for her.

[mfwiagw]

My research is on Magnetic Resonance Imaging which is healthcare related. Would this work?

[txh1b]

My research is on Magnetic Resonance Imaging which is healthcare related. Would this work?

That has nothing to do with the application of your spouse. I was just curious.

[mfwiagw]

I am not from mainland China, that's why my PD is current.

[txh1b]

I am not from mainland China, that's why my PD is current.

You give the bad news towards the end. You should have mentioned it in your very first post.

My knowledge is limited in such cross citizenship stuff. I think there are provisions but the birth country determines the PD. You can wait for others to respond.