I-485 question

[liu9999]

I have a question regarding "Have you ever before applied for permanent resident status in the U.S.?" My wife filed her green card application three years ago through her employer and she already had her I-140 approved and is waiting her priority date to become current.

But because I will be getting my citizenship in 1 month, we have decided to re-file a new green card application for her through marriage. So should I answer yes or no to this questions - Have you ever before applied for permanent resident status in the U.S.?

I think we should abandon her green card application through employer. But just a question, when her priority date becomes current, can her employer still go ahead and file I-485 for her? Then we will have two active I-485 applications. Please advise.

Thanks, Jack

 

[TheRealCanadian]

So should I answer yes or no to this questions - Have you ever before applied for permanent resident status in the U.S.?

Of course. She has an approved immigrant visa petition.

when her priority date becomes current, can her employer still go ahead and file I-485 for her?

No, because the I-485 is not an employer petition. Only she can file an I-485.

 

[liu9999]

Sorry my question is not clear. When her PD becomes current, her employer will work with her and help her to file I-485 as the final step of the employment-based green card application. Should we tell her employer that no thanks because we have already filed family-based I-485 application? Thanks.

 

[Anahit]

Of course. She has an approved immigrant visa petition.

Don't you have to have I-485 filed for permanent resident status?

 

[TheRealCanadian]

Should we tell her employer that no thanks because we have already filed family-based I-485 application? Thanks.

Yes.

 

[TheRealCanadian]

Don't you have to have I-485 filed for permanent resident status?

That's one way of getting permanent residency. However, the question in the forms is asking if an immigrant visa has been applied for.

 

[Anahit]

That's one way of getting permanent residency. However, the question in the forms is asking if an immigrant visa has been applied for.

No, the question in I-485 is: "Have you ever before applied for permanent resident status in the U.S.?"

 

[TheRealCanadian]

No, the question in I-485 is: "Have you ever before applied for permanent resident status in the U.S.?"

Yes, that's the exact question. But there are plenty of people to apply for permanent residency (and become PRs) without ever filing an I-485.

 

[liu9999]

Thank you TheRealCanadian.

I agree that I need answer yes to this question -
"Have you ever before applied for permanent resident status in the U.S.?"

I-140 Immigrant Petitionfor Alien Worker is considered as applying for permanent residency.

 

[Anahit]

Yes, that's the exact question. But there are plenty of people to apply for permanent residency (and become PRs) without ever filing an I-485.

Thanks.
How about I-130? Would you answer yes to that question if I-130 was approved?

 

[TheRealCanadian]

How about I-130? Would you answer yes to that question if I-130 was approved?

Of course. An I-130, I-140 and I-360 are all immigrant visa petitions.

 

[Anahit]

Of course. An I-130, I-140 and I-360 are all immigrant visa petitions.

Thanks.

 

[swap81]

Question for the "liu9999", "TheRealCanadian", or anyone else.
Since you are saying your wife's I-140 is already approved. Did you use the 'A' number from the I-140 approval while filing up the I-485, etc forms for the family based immigration? Did you enclose a copy of the I-140 approval along with the family based packet.
My husband is in the exact same situation as your wife. Any input would be very much appreciated.
Thank you

 

[PraetorianXI]

I'd say use the same alien number.

 

[swap81]

Thanks a lot Jack. I also posted it on the thread. What did you provide as date of determination for the question you mentioned below? Also is the A# on your wife's OPT EAD card different than the I-140 A#. I heard, they usually are the same across petitions.........

I will need to enclose my wife's approved I-140 with the I-485 application because I need answer "Yes" to the question of "How you applied for permanent residence before and what's the result" and supply evidence.

But I plan to use the A# on her EAD card when she first applied Optional Pratical Training (OPT). I cannot tell exactly why but I just feel that the A# on her EAD card is more appropriate.

Cann you post the question to my original post and see if we can get answer from other people? I am not sure either.