Is spouse i-485 is tied to the main petitioner i-485 ?

[Mike10025]

Hello evryone.
This is my first post in the I-485 forum after my I-140 was approved on 02/22/07. I and my wife filed i485-s concurrently (I am the main petitioner) She got an RFE on 03/11 (they wanted some evidence that our marriage was real). All the LUDs happened simultaneously on her and mine ( 03/08, 03/11) and after they've issued the RFE the LUDs stopped on my i-485 also. I asked my layer and he convinced me that the processing of our i-485s is separate once my i140 was approved and any delays in her i485 wound not slow down my i-485.

Looking at the LUDs of our cases I kinda doubt this. Does anyone have any comments on this?

I-140/I-485 Concurrent filing, NIW (NSC)
I-140 RD 05/25/06 LUD 07/29/06, AP 02/20/07
I-485 LUD 06/10/06, 03/08/07, 03/11/07 AP ?
FP 06/10/06

 

[overWait]

I asked my layer and he convinced me that the processing of our i-485s is separate once my i140 was approved and any delays in her i485 wound not slow down my i-485.

Looking at the LUDs of our cases I kinda doubt this. Does anyone have any comments on this?

I am no lawyer but here are my thoughts.

For many unsaid reasons, ease of processing and establishing the relationship, USCIS tries its best to process all the cases together (main applicant and dependents). But USCIS also treats each applicant as a seperate case after I-485. In case of RFEs they may go back and refer other files (that may result in change of LUD) specially main applicant's file (if dependant has an RFE)...but that does not mean it will delay other applicant's case until there is some justifiable reason.

In case of proof of marriage, although the RFE is issued for one applicant, but logically speaking both the applicants are impacted (I am thinking of someone trying to fake marriage - I guess both will be denied GC). So I would expect LUDs on both the cases. Hope this helps.