Hi all, I have a question for you. Can I submit an I485 (EB category) and sponsor my wife and she would submit her own I485 (also EB category) and sponsor me. This way we would be protected from either of us being laid off. We have both got approved I140\'s with CSC and I want to make sure we don\'t get into trouble for doing this. Thanks for your input!
- Home
- Forums
- Immigrant Visas (Green Cards)
- I-485 Issues
- I-485 Issues Common to All Services Centers
- General I-485 and Related Issues
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Can both my wife and I submit I485 applications and sponsor each other
- Thread starter aet890
- Start date
The answer is YES but you have to be careful and let INS be aware of this
Please refer to www.dalewarner.com and find answer there
Please refer to www.dalewarner.com and find answer there
No.
What I heard from my lawyer (and some of other lawyers since I\'m looking for lawyers recently), you can have only ONE I 485 application submmitted to INS. You can not have two I 485 application co-existed in the same time.
Actually, you two ARE already protected.
You may submit your I 485 and have your wife as a derivative from your case if you reach the I 485 stage earlier, and wait until it gets approved or rejected. During this period, if your wife\'s application reaches I 485 stage, just ask the lawyer to hold one until the former application gets approved or rejected.
If in the worst case, it gets rejected, your wife may proceed with another I 485, which is that she is the main applicant and you as the derivative.
Hope this helps.
Joan
What I heard from my lawyer (and some of other lawyers since I\'m looking for lawyers recently), you can have only ONE I 485 application submmitted to INS. You can not have two I 485 application co-existed in the same time.
Actually, you two ARE already protected.
You may submit your I 485 and have your wife as a derivative from your case if you reach the I 485 stage earlier, and wait until it gets approved or rejected. During this period, if your wife\'s application reaches I 485 stage, just ask the lawyer to hold one until the former application gets approved or rejected.
If in the worst case, it gets rejected, your wife may proceed with another I 485, which is that she is the main applicant and you as the derivative.
Hope this helps.
Joan
Thanks for the input!
I have spoken to a couple of attorney about this issue and hey have confirmed what you are saying. It is not possible to have two I485 applications pending concurrently but like you say it is okay to submit the second I485 application if the first one is rejected.
Thanks again!!
I have spoken to a couple of attorney about this issue and hey have confirmed what you are saying. It is not possible to have two I485 applications pending concurrently but like you say it is okay to submit the second I485 application if the first one is rejected.
Thanks again!!
you may file AOS and CP concurrently
I think you can file AOS (yourself) and CP (your wife) concurrently since they go through different channels. In that way, you may do CP first since it is faster.
I remember somebody did this before and posted their experience here.
Cheers
David
I think you can file AOS (yourself) and CP (your wife) concurrently since they go through different channels. In that way, you may do CP first since it is faster.
I remember somebody did this before and posted their experience here.
Cheers
David
Do not do that. it will further delay processing
See the decision from INS below:
"CSC has also confirmed a new policy that they will keep family adjustment packets together; thus should one family member\'s case be delayed, for example due to a fingerprint issue, the whole family will remain together and the cases will only be adjudicated as a unit and not individually."
See the decision from INS below:
"CSC has also confirmed a new policy that they will keep family adjustment packets together; thus should one family member\'s case be delayed, for example due to a fingerprint issue, the whole family will remain together and the cases will only be adjudicated as a unit and not individually."