Can I file two I-485s?

J

jk1990

Registered Users (C)
:confused:
Hi Folks,

My wife filed her EB2 based I-485 about 1 year ago. So did I as a spouse. Now, my own I-140 got proved. Here are my questions:
1). Can I file another I-485 based on my own I-140? If so, can my wife file one more I-485 too as a spouse?
2). What could be the consequence and is it worthwhile to do so?
3). If for whatever reason, my wife's case got terminated after I filed the I-485 based on my own I-140, how easy would it be to switch her case to mine?

Thanks in advance!
 
If you had filled a 485, and then go for CP, then the 485 will be withdrawn, but since you don't have a 485 pending based on your 140, there will be no 485 to be witdrawn.

The 485 based on your wife's 140 cannot be withdrawn, because she didn't show interest in CP, you are showing interest in CP. I would suggest that you do AC-140 Consular Processing, and also let your wife's 485 be processed.

Talk to your attorney as to exactly what you can do. With AC140 you may be approved withing a year:

Here is the response to an email I had send to the Mumbai consulate regarding AC140:

I am cutting and pasting the email correspondance.

---------------------------------------------------------------------------------
----- Original Message -----
From: MUMBAI, I V
To: 'XXXXXX XXXXXX'
Sent: Monday, December 15, 2003 3:47 AM
Subject: RE: Employment Base Consular Processing AC-140

1. Yes

2. We also need copy of I-824.

3. After receiving the package, if accepted, we will create a case and we will do the necessary clearances/namechecks. It will take about 2 to three months to schedule an appointment after receiving the clearances.

-----Original Message-----
From: XXXXXX XXXXXX [mailto:XXXXX@xxxxxxx.com]
Sent: Wednesday, November 19, 2003 10:45 AM
To: MumbaiIV@state.gov
Subject: Employment Base Consular Processing AC-140


Dear Sir or Madam,
I read on http://mumbai.usconsulate.gov/wwwhimmi.html#empcases that I can qualify to transfer my pending Employment Based (EB) change-of-status application to Consular Processing to Mumbai consulate if I meet certain requirements. I do believe that I meet the conditions listed on the website, and so I was planning to have my attorney send you the following documents:

Copies of I-140 paperwork
Original I-797 Notice of Approval Form for I-140
Completed OF-169 and OF-230 part 1 forms
Email address and contact detail for my attorney

However, before my attorney does send you the package, I have few questions, and would appreciate if you can answer them.

1. If the consul decides not to entertain my application, then will they return my original I-797 Notice of Approval Form for I-140 back to my attorney?

2. If the consul decides to entertain my application, then within how many days, can I expect to be interviewed? I ask so that I can decide if making travel arrangements at that time is feasible for me or not.

3. I got the above list of documents from http://mumbai.usconsulate.gov/wwwhimmi.html#empcases, are there any other documents required for the consul to make a decision to accept my case or not?

I would greatly appreciate if you can email me the answers back as soon as possible so that I can take the necessay steps.
 
Thanks, Guju. That's really valuable advice.
So, would it cause any damage to my wife's I485 case if I include my wife in my CP case as spouse?
If my CP case failed, can I still work in U.S. using my EAD obtained from my wife's I485 case?
 
Don't include your wife in CP as a spouse right now, wait till you get the interview date, and then you can update them, and go with your wife for the interview.

Ask your attorney as to how you can work that out, i don't think you even need to metion untill your interview date that you have a family, because as you can see from the list required documents to get an interview at the consulate, no where is mentioned anything about the family.

Still better to ask your attorney. However, be adviced that since Consular Processing rules varies from consulate to consulate, most lawyers are not upto date with the requirements and processing procedures for each consulate. Still won't hurt to talk to your lawyer.

Just send the minimum required documents that they ask for, don't try to send more than required information.
Also when you file the I-824, they will only ask for your I-140 receipt number, and so you won't have to worry about your spouse.
 
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