AOS for wife and kids of: I-140 approved and I-485 pending father

[Dr.H]

Hello all,

My I-140 was just approved, the category is "individual with advanced degree and exceptional ability in the national interest". My I-485 is pending. My family (wife and kids) are at the US in non-immigrant status (J1 wife/J2 kids). I have been told that I need to file the family's I-485 ASAP to "match up" with my application. Do I need to file I-130 for them as well? Is that filled concurrently? Do I need to pay I-130 fee? The I-485 of my family requires evidence for family relationships, do I need to provide these evidences twice? in I-130 and I-485?
Thanks,

Asi

 

[TheRealCanadian]

I have been told that I need to file the family's I-485 ASAP to "match up" with my application.

You should file. Is your priority date still current?

Do I need to file I-130 for them as well? Is that filled concurrently? Do I need to pay I-130 fee?

No I-130 is required, since they are derivative beneficiaries.

The I-485 of my family requires evidence for family relationships, do I need to provide these evidences twice? in I-130 and I-485?

You just provide it once. A copy of the marriage/birth certificates, and a copy of your pending I-485 receipt is sufficient.

 

[Dr.H]

Thanks RealCanadian! I am not sure I understand what you mean by "priority date still current", the priority date on my I-140 is 4/Aug/2008. Can you please explain? What is the tdeadline for such application? what happen if I get a notice that my I-485 was approved and my family's I-485 was not yet submitted?

When you say "derivative beneficiary" is that what is called in the instructions to I-485, under section 17 "based of derivative status as the spouse or child of another adjustment applicant or person granted permanent residence based on issuance of immigrant visa" ?

 

[TheRealCanadian]

I am not sure I understand what you mean by "priority date still current", the priority date on my I-140 is 4/Aug/2008. Can you please explain?

What is the priority date for EB2 for your country of birth in the visa bulletin? Is it current, or after August 2008? (Were you born in India/China)?

what happen if I get a notice that my I-485 was approved and my family's I-485 was not yet submitted?

Nothing bad will happen, since they are maintaining valid non-immigrant status. I assume your spouse is not subject to the 2-year home residency requirement?

When you say "derivative beneficiary" is that what is called in the instructions to I-485, under section 17 "based of derivative status as the spouse or child of another adjustment applicant or person granted permanent residence based on issuance of immigrant visa" ?

Yes.

 

[Dr.H]

Thank you again, this is very helpful!

What is the priority date for EB2 for your country of birth in the visa bulletin? Is it current, or after August 2008? (Were you born in India/China)?

Got it! Yes, It is current

Nothing bad will happen, since they are maintaining valid non-immigrant status. I assume your spouse is not subject to the 2-year home residency requirement?

Indeed, she isn't.

Thanks to your reply I finally understood that I'm at the wrong category, if I understand it correctly now, my family's application is "work related" since they are beneficiary of my I-140 and not "family based". Does that mean that I don't need to file Affidavit of Support with their I-485?