Can I-130 be filed for me?

[jaka]

(1) My husband received employer based green card in June 2007. Both of us are from India

EB3 Labor - filed on Aug 1, 2002 and approved in March 2003
I-140 - filed on April 2, 2003 and approved on May 8, 2003
I-485 - filed on May 30, 2003
Green card - approved on June 6, 2007

(2) We have been married since 2000 and have US citizen kids. We are still married.

(3) My 485 was also filed on May 30, 2003. Have attended 2 interviews, received 2-3 advanced parole and EADs. Numerous queries to BCIS

The 485 is still pending. The BCIS has been saying for last two years that they are waiting for visa numbers. Now the visa numbers are not available


- Do derivative 485 for dependents require visa numbers?


- Can my GC husband file I-130 for me without affecting other pending derivative 485 petition?


- Say the I-130 gets approved after 6 months. Can the underlying basis of derivative I-485 be changed to approved I-130 and still retain original priority date of derivative 485 filing?


Thanks for everyone's help

 

[TheRealCanadian]

The 485 is still pending. The BCIS has been saying for last two years that they are waiting for visa numbers. Now the visa numbers are not available

Yes.

Do derivative 485 for dependents require visa numbers?

Yes.

Can my GC husband file I-130 for me without affecting other pending derivative 485 petition?

Yes.

Say the I-130 gets approved after 6 months. Can the underlying basis of derivative I-485 be changed to approved I-130 and still retain original priority date of derivative 485 filing?

Nope. Priority dates are not portable between EB and FB cases, and an FB2A case filed by your husband would not have a current date. There's no advantage to doing this.