Dual I-485 ???

B

bsus

Registered Users (C)
Hi gurus,

I think other people might have asked the same question before, but I couldn't find anything. Please help me with this.

I filed concurrent 140 and 485 for both my wife & me in March 2004. My cases are all still pending. :(

On the other hand, my wife only filed 140 and she just got approval notice. So to play safe, I thought my wife should also file 485 for two of us, but her immigration lawyer said "no". Because USCIS does not allow dual 485, since we already have pending 485s.

Is what lawyer said true? If yes, then my wife's approved 140 become useless.

In addition, since 140 and 485 are two separate things, is it possible to modify the existing pending 485 to use my wife's approved 140? (I know this might be a crazy thought).

Any suggestion???

Thanks a lot

bsus
 
From murthy.com

Generally, when one files two I-485 packages, the USCIS wonders what is going on, may schedule a personal interview, and this could delay the final approval of the case.
 
In the same situation

hi BSUS

Did you get to find out if you could change the 485 to reflect to your wife's approved I140.

I am also in the same boat where my I-140 and I-485 is pending from March 04 and there is no reply. And we have my wife's I-140 approved.
 
keerat said:
hi BSUS

Did you get to find out if you could change the 485 to reflect to your wife's approved I140.

I am also in the same boat where my I-140 and I-485 is pending from March 04 and there is no reply. And we have my wife's I-140 approved.
Click to expand...

keerat,

Congratulations on your wife's I-140 approval.

From what I have understood from knowledgeable memebers like UN, Ginnu and others, you can do something called 'interfile' of your 485. Meaning, linking your old 485 to the newly approved 140. Since you have a I-140 approved (from your wife), you can send in the approval notice with a letter to the Service Center where the 485s are pending and requesting them to adjudicate your 485s based on the approved I-140. But one thing to research/analyse in your situation is: the 2nd I-140 was not filed for you but for your wife and hence on the old pending 485s, the primary and derivative applicant should be switched....right?? How easy or how complicated this is....I am not sure. check with your attorney and see what they say??

Also, I would suggest you can post this question in 485 forums and seek help of UN, Ginnu and other senior members who can shed their opinions.

Good Luck. Let us know how it goes.
 
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