I-485 through employer and as dependant

S

Spotty8A

New Member
Hi,
My husband and I, both have employment based green cards being

processed through our respective employers. We are both now eligible

to file I-485.

At this point we would like to file I-485 through both of our

employers as well as add each other as dependants on our petitions.
(i.e., I will have my I-485 filed through my employer as well as be

added as dependant on the I-485 petition filed by my husband's

employer. Same case with my husband)

Is this possible ?
If one our cases moves forward faster than the other, can we withdraw

the other petition ?
What are the risks involved ?

Please advice.

Thanks !!
 
I don't know the legalities of doing the above, as I've read others on this forum saying that it's possible to do so while others say it causes massive complications. However, you should be aware of two things:

1- The I-485 is not a "petition", it's an application based on the I-140 petition. I assume you both have filed I-140s and they have been approved or are pending?

2- There is no such thing as "adding" a spouse to the I-485 application. When the principal applicant files a I-485 as the beneficiary of an approved (or pending) I-140, dependents of the principal applicant are eligible to file their own separate I-485 as a derivative applicant. One cannot be considered an applicant just by adding a name to another application.

So basically you're asking whether you can file two I-485 applications each, one as the principal applicant, and another as a derivative applicant. That would mean 4X the filing fees. I believe it is possible to file only one I-485 each, but have the receipt notice from both your and your spouse's I-140 (or approval notices) attached to the I-485 application. That way your one I-485 will be based on two methods of eligibility. Stay tuned for other posts that can confirm or elaborate on this. I do know for a fact that one I-485 can be filed along with two separate I-140 receipt notices (or approval notices), so this may be your most logical route.
 
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Thanks a lot for your response and for clarifying certain terminologies.

It is an interesting idea to have multiple I-140s on single I-485 petition. I am aware that this is definitely possible if the applicant himself/herself has multiple approved I-140s. But having a spouse's I-140 on I-485 is something I was not aware of. Do u have any links to USCIS or DOL site to confirm the same ? (I cud then forward it to my immigration attorney)

Anybody else done this ? Any other thoughts ?
 
Based on what I am hearing around this from immigration lawyers for many of my colleagues - the recommendation is "Don't". Use the one that has the earlier PD.

I am no lawyer and this only a recommendation.
 
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