can i file I-485 on behalf of my wife?

R

rdsclove

Registered Users (C)
Hi,

I'm in a fix right now. I have an approved labor cert. of March 2006 and my I-140 has been applied and will be there within next one month. The priority date currently for EB2 is April 2004. Now my question is that my wife was born in Saudi Arabia. So is it possible that after my I-140 comes, can i file I-485 on her behalf? I have discussed this with few people but all i have got is a mixed response. So need advice on the same.

Regards
RDSCLOVE
 
rdsclove said:
Hi,

I'm in a fix right now. I have an approved labor cert. of March 2006 and my I-140 has been applied and will be there within next one month. The priority date currently for EB2 is April 2004. Now my question is that my wife was born in Saudi Arabia. So is it possible that after my I-140 comes, can i file I-485 on her behalf? I have discussed this with few people but all i have got is a mixed response. So need advice on the same.

Regards
RDSCLOVE
Click to expand...

Did you include your wife's name while filing your I-140? If so, than you can file her I-485 application with yours. Better check with you attorney. I did the same in my case. In fact, my attorney asked me to provide all the basis biographic data about my wife and kids in my I-140, cuz that's where they approve your for that many visa numbers.
 
rdsclove said:
Hi,

I'm in a fix right now. I have an approved labor cert. of March 2006 and my I-140 has been applied and will be there within next one month. The priority date currently for EB2 is April 2004. Now my question is that my wife was born in Saudi Arabia. So is it possible that after my I-140 comes, can i file I-485 on her behalf? I have discussed this with few people but all i have got is a mixed response. So need advice on the same.

Regards
RDSCLOVE
Click to expand...


Why you want file her case? If she is here in the US both of you can file together.
 
ninja786 said:
Did you include your wife's name while filing your I-140? If so, than you can file her I-485 application with yours.
Click to expand...

A dependent's eligibility to file an I-485 has absolutely nothing to do with whether they were listed on the I-140.

In fact, my attorney asked me to provide all the basis biographic data about my wife and kids in my I-140, cuz that's where they approve your for that many visa numbers.
Click to expand...

That's completely incorrect. Visa numbers are only allocated once the I-485 is about to be approved, or at the consular interview.
 
hi
thanks for your reply. actually my wife is here in US only. and her name has been included in I-140 along with me. But the only matter is that i'm born in india, which means i have to wait for my priority date to file my 485. but she was born in Saudi Arabia, but is an indian citizen. So can i file my 485 on her behalf with her country of origin, because rthen i don;t have to wait for my priority date.

rdsclove
 
rdsclove said:
So can i file my 485 on her behalf with her country of origin, because rthen i don;t have to wait for my priority date.
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Yes. But you're not filing your I-485 on her behalf; each of you is filing your own I-485, but you are claiming her country of birth using a concept called cross-chargeability. Make sure you put that in BIG RED LETTERS on the top of both of your I-485s, and mention in prominently in the cover letter.
 
Cool, thanks man! So effectively i don't have to wait for my priority date. Can you also give me a list of documents needed for filing 485? What all documents do I need for it. Is there a compiled list of that?

rdsclove
 
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