2 simultaneous green card processes - one from each spouse

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acgv

Registered Users (C)
Hello,

After a tremendous waiting period to stabilize ourselves in the US (almost 10 years), both my spouse's company and mine have initiated the green card process. We both hold H-1Bs, my company is currently filing for the I-485 and I-140 simultaneously (labor certification was approved about 3 months ago)... Just last week, we heard from my spouse's company that they had approved PERM and now they're ready to file for I-485 and I-140...
So we now have 2 green card processes going simultaneously but at this point we're just not sure at what point to stop one process, or if we should stop one of the processes at all...

Have any of you been a situation like this? What do you suggest we do or not do?

Thank you in advance for your responses!
 
acgv said:
Hello,

After a tremendous waiting period to stabilize ourselves in the US (almost 10 years), both my spouse's company and mine have initiated the green card process. We both hold H-1Bs, my company is currently filing for the I-485 and I-140 simultaneously (labor certification was approved about 3 months ago)... Just last week, we heard from my spouse's company that they had approved PERM and now they're ready to file for I-485 and I-140...

So we now have 2 green card processes going simultaneously but at this point we're just not sure at what point to stop one process, or if we should stop one of the processes at all...
----------- You don’t need to stop anything, if any I-485 gets approved then the second I-485 cant be approved at that time you can write to USCIS that Your I-485# and spouse I-485# is approved if don’t write they will automatically deny the second I-485 if first I-485 is approved

Have any of you been a situation like this?
-------yes
What do you suggest we do or not do?
-----------------------You can file your I-485 as primary and wife as derivative I-485
Your wife can file her I-485 as primary and you as derivative.

***Nothing in the law prevents you having second I-485 filed.

Better file Your primary I-485 and your wife derivative I-485 once you both get receipt notices of I-485 then you will get your A# on the I-485 receipts and then if you file your second I-485 you must write your A# on your second I-485 and wife on her second I-148 form so that USCIS knows that you have other pending petition.

** you can also file one I-485 and other case for CP( many prefer to file I-485 becase one can use AC21, can get EAD, AP and if any problem with I-485 one can file MTR or appeal but for CP no EAD, AP or AC21 no Appeal or MTR)
* From one of the poster you are going to get advice why you want waste money on second I-485 fee. If you feel it is not wastage and you don’t care about the fee then file the second I-485 as back up.



Thank you in advance for your responses!
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Last edited by a moderator:
Thanks for your responses ginnu and curious george... It's actually a relief to know that we don't necessarily have to drop one of the applications, having a backup gives us an alternative...

To document ourselves better in this regard, where can we find relevant information about simultaneous green card applications?

Thanks again and have a nice day!
 
it is not "simultaneous" you file yourI-485 as primary applicant and spouse file derviative I-485.
Read/search “employment based GC”
 
We have received an appointment notice for fingerprinting with my I-140/I-485 application... My company filed premium I-140 processing about a month ago, and I'm surprised to have received the fingerprinting appointment so quickly... I was under the impression the fingerprinting would take place after approval of the I-485 and I-140.

All this is great news, my concern however, is in regards to the other green card application from my spouse... Given that my process seems to be advancing so quickly (my spouse's company will most probably not file premium processing for the I-140), does ginnu responses make any difference now? Is it still worthwhile to continue with both green card applications, both mine and my husband's?

I apologize if this sounds like a redundant question, we just want to make sure we're doing the right thing...

Thanks again for your valuable comments! Have a nice day...
 
acgv said:
We have received an appointment notice for fingerprinting with my I-140/I-485 application... My company filed premium I-140 processing about a month ago, and I'm surprised to have received the fingerprinting appointment so quickly...
I was under the impression the fingerprinting would take place after approval of the I-485 and I-140.
-----FP is done BEFORE I-485 approval
All this is great news, my concern however, is in regards to the other green card application from my spouse... Given that my process seems to be advancing so quickly (my spouse's company will most probably not file premium processing for the I-140), does ginnu responses make any difference now?
-----No, FP is done for every I-485
Is it still worthwhile to continue with both green card applications, both mine and my husband's?
----------------- that depends on you
I apologize if this sounds like a redundant question, we just want to make sure we're doing the right thing...

Thanks again for your valuable comments! Have a nice day...
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