AC21: Interfiling - pending I-485 to newly filed I-140

[abansal0211]

Guys,

I have a quick question here. I want to find out if it is possible to interfile my existing I485 (filed as beneficiary to my wife’s AOS
application. She got approved in Mar05, mine is still pending) with my recently filed I-140 petition. The idea is to keep my existing I-485 valid after my divorce is completed.

Note: my attorney has already said it can not be done. So, I would hire you guys if there is a way it can be done.

Thanks in advance for all your help, guidance and tips.

 

[calabor]

Guys,

I have a quick question here. I want to find out if it is possible to interfile my existing I485 (filed as beneficiary to my wife’s AOS
application. She got approved in Mar05, mine is still pending) with my recently filed I-140 petition. The idea is to keep my existing I-485 valid after my divorce is completed.

Note: my attorney has already said it can not be done. So, I would hire you guys if there is a way it can be done.

Thanks in advance for all your help, guidance and tips.

AFAIK, this cannot be done since you were "derivative/dependent" in the earlier I485. Now you'll be "beneficiary/primary". So the I485 form needs to be filled up again to reflect that, which is not allowed in interfiling