Eligibility for filing I-485 for spouse

Q

qingshangreen

Registered Users (C)
When would be a spouse able to file I-485?
1. after main applicant's I-140 approval and PD become current?
2. after main applicant's I-485 approval and PD become current?
3. any time as long as main applicant's I-140 and I-485 are still pending or approved?

Thank you very much for your comments.
 
Not really the forum for your question, but..

all are incorrect

A spouse can file an I-485 based on the the primary having filed an I-485 -- even if it is now approved -- and the PD of the category is current, as long as the marriage took place before the I-485 approval. The state of the I-140 is immaterial, so long as it has been submitted.

(1) was incorrect, as it requires primary to have filed i-485, and I-140 does not need to be approved to do that.
(2) was incorrect, since one does not have to wait for primary I-485 approval to file, and
(3) was incorrect because the I-140 has nothing to do with whether the spouse can file, the I-485 is what counts. and it still requires PD current.
 
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