file I140 + I485 with 245i for myself any 245i for wife

[moshegolan]

Hello,
Filed LC on april 30th 2001, got LC approved april 2006. Was present in US from 1999. Married wife in May 2006. Wife came to US in 2002.
Now, i need and qualify for 245i. The question is what should i do with my wife.
I know she gets my priority date as far as derivative status. But since she overstayed, can she just file i485? If not, does she need another 485i (245i)? Does she qualify for it (she was not in the US on dec 22 2000) I've heard that since she derivate from me, by using my priority date, she also uses my staying here on dec 22 2000? Is it true?
So she qualify to file her own 245i then?
Thanks MUCH
M GOLAN

 

[TheRealCanadian]

I know she gets my priority date as far as derivative status. But since she overstayed, can she just file i485? If not, does she need another 485i (245i)? Does she qualify for it (she was not in the US on dec 22 2000) I've heard that since she derivate from me, by using my priority date, she also uses my staying here on dec 22 2000? Is it true?

My understanding is that 245i benefits are linked to the alien, so each alien needs to qualify on his or her own. Since your wife was not physically present in the US on 12/22/2000, I am doubtful if she qualifies.

Is she subject to the 10-year re-entry bar? Get yourselves to an attorney, quick.