Husband & Wife, Both Eligible For 485.. What To Do ?

G

GCchahat

New Member
Guys, what are you doing in this scenario. I guess a lot of couple are in this situation.
Any suggestions appreciated..

Here is my situation..

My priority date Dec 2004 in EB2 category. Labor cleared and 140 in pending (applied in premium process June 11th 2007)

My wife priority date Nov 2006 in EB 3 category. Labor and 140 cleared.

Now both of us are eligible for applying 485.

My question is which way is better:

1. Apply 485 independently
2. Add her to my 485 application and she not filing 485.
3. Add each in to each others application (I guess multiple 485 for one person not possible).

Please suggest.
Thank you.
 
File only one I-485 per individual. You have the option of filing independently. But since you have earlier priority date, it makes sense to file your as primary and spouse as benifitiary. Should the retrogression come back you application with earlier priority date and will be processed earlier
 
With the prediction that all applications before Jun 2005 getting cleared up this year....the chances of applications with PD before Jun 2005 are much higher for approval....

And the other thing, is who plans to stick around more with their employer....with I485 filing, the primary is kind of stuck with the employer but the dependent is a free animal....So, if you want to be that free animal, filing on your wife's petition may be helpful...but then the chances of approval soon are less...or vice-versa....
 
I am in the same boat as GCchahat. My company is filing for my 485 with me as primary and my spouse as secondary (March 2005 EB2 PD).
My spouse's employer also asked him if he wants to file for 485 (Apr 2004 EB3), so far we have not replied.

In principle, can husband and wife add each other as dependent in each other's I-485 application?
 
GrC2005 said:
I am in the same boat as GCchahat. My company is filing for my 485 with me as primary and my spouse as secondary (March 2005 EB2 PD).
My spouse's employer also asked him if he wants to file for 485 (Apr 2004 EB3), so far we have not replied.

In principle, can husband and wife add each other as dependent in each other's I-485 application?
Click to expand...

what do teh two lawyers say (yours and your wife's). I am also trying the same thing. My lawyer said its ok, hers are strongly recommending against filing a second I-485.
 
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