Is her I485 marriage based?

[gc66]

I filed employment based I140/485 concurrently in VSC in 2003, filed I-485 for my wife as derivative. After I140 approval, our I485 were transfered to local office for interview. Later, my I485 was transfered back to VSC without interview and was approved there, but my wife's file was left behind (by mistake) in local office and get an interview letter. The interview letter ask the spouse to show up at the interview and bring additional documents IF the case is marriage based.

My questions are:
1. should I attend the interview?
2. should we prepare the interview as a marriage based case, or as a regular work based I485 case.

 

[TheRealCanadian]

should I attend the interview?

Absolutely. It's more than likely going to be a formality, but if she does not attend it is almost certain to be denied. (edit: Oops, sorry - you meant should you attend? Sure, I'd come along.)

should we prepare the interview as a marriage based case, or as a regular work based I485 case.

It's employment-based, not marriage-based, but you should still be prepared to prove that the marriage is bona-fide. Bring evidence of your permanent residency, copy of your tax returns and evidence that you are married and living together.

Most likely the interviewing officer will take a few photocopies, wonder why this case even needed an interview and then send you on your merry way.