Multiple I-485s

Q

qtang

New Member
My newly wedded wife and I both have pending EB3 I-485s. Her 485 filed 08/2002 and my 485 filed 06/2003. They are totally unrelated cases from different employers since we were not married at the time of filing. We are both taking advantage of AC21 and are working using our EADs. I am a bit concerned about the retrogression of priority date since I filed LC 12/2002.

My first question is whether I can have two I-485 pending at the same processing center (NSC). I want to add my name to her I-485 application but the rumor has it that the processing time is unpredicatable for such "Add-on" cases, so I do not want to withdraw my own I-485, which will also invalidate my current EAD.

The second questions is whether it will make a difference if I file the dependent 485 AFTER her 485 approval. The processing time at NSC is very close to her receipt date. Will adding the spouse name have any negative impact on her application?

Thanks a million.
 
You or your wife can file multiple I485 as long as underlying cases are different, which is true for you and your wife - one a primary and another as dependent. There should not be any negative impact for filing new I-485 as dependent - either for your or for your wife. For that reason, you and your wife don't need to withdraw existing I485s. Withdrwal and filing new fresh I485 as dependent can delay approval for that fresh case.
Also, none of you and your wife's case is eligible for CP. Therefore CP path also closed (which would make sense if, for example, you could withdraw your I-485 and go for CP you + your wife as dependent).
 
Is it true?
What I heard is a single applicant should not have multiple I485 because I485 is for AOS. One person can have only one status at any time.
pralay said:
You or your wife can file multiple I485 as long as underlying cases are different, which is true for you and your wife - one a primary and another as dependent. There should not be any negative impact for filing new I-485 as dependent - either for your or for your wife. For that reason, you and your wife don't need to withdraw existing I485s. Withdrwal and filing new fresh I485 as dependent can delay approval for that fresh case.
Also, none of you and your wife's case is eligible for CP. Therefore CP path also closed (which would make sense if, for example, you could withdraw your I-485 and go for CP you + your wife as dependent).
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I think multiple I485s are fine. But, if multiple I485s imply that you have intent to work for multiple permanent jobs at the same time, there will be some problems.
 
blackbird2000 said:
I think multiple I485s are fine. But, if multiple I485s imply that you have intent to work for multiple permanent jobs at the same time, there will be some problems.
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That's fine too. Intend is not an issue and "intent work permanently" does not start before approval. A person can have intent to work for more than one opportunity -whatever available to him/her. Evetually USCIS going to approve only one I-485 whichever processed first and second one will be denied.
 
pralay said:
That's fine too. Intend is not an issue and "intent work permanently" does not start before approval. A person can have intent to work for more than one opportunity -whatever available to him/her. Evetually USCIS going to approve only one I-485 whichever processed first and second one will be denied.
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Maybe you are right, actually, I don't know the answer.

But I think, USCIS will doubt if you have the faith of "intent work permanently" on multiple jobs. Personally, I will not take this risk.
 
Thanks for the prompt replies.

One more question, if I add myself to my wife's I-485, will my current EAD and AP obtained through my own 485 still be valid?

And, do you guys know anyone who filed multiple 485s before? There seems to be so many technical details and my lawyer think one is not even allowed to have two 485s pending.

Thanks again.
 
qtang said:
My newly wedded wife and I both have pending EB3 I-485s. Her 485 filed 08/2002 and my 485 filed 06/2003. They are totally unrelated cases from different employers since we were not married at the time of filing.
---that is OK
We are both taking advantage of AC21 and are working using our EADs. I am a bit concerned about the retrogression of priority date since I filed LC 12/2002.

My first question is whether I can have two I-485 pending at the same processing center (NSC).
--- YES, you have one I-485 pending as primary and second can be filed based on your wife I-485 that will be your derivative I-485, file your deravative I-485 ASAP and write the SAME A# that is on your I-485 filing reciept
I want to add my name to her I-485 application but the rumor has it that the processing time is unpredicatable for such "Add-on" cases,
----- that is not correct just file your I-485 with your wife I-485 filing reciept copy and your I-485 will be attached to her pending I-485 file
so I do not want to withdraw my own I-485, which will also invalidate my current EAD.
---- dont withdraw your I-485, one can have more than one I-485 pending
The second questions is whether it will make a difference if I file the dependent 485 AFTER her 485 approval.
----- File I-485 NOW BEFORE her I-485 gets approved and attach marriage certificate copy also with other documents, you both will get GC approved at the same time when her I-485 gets approved
The processing time at NSC is very close to her receipt date. Will adding the spouse name have any negative impact on her application?
---- no problem for her, file your derivative I-485 ASAP if her date is close and dont forget to attach new style Photographsand fingerprinting fees+I-485 filing fees with other evidence
Thanks a million.
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qtang said:
Thanks for the prompt replies.

One more question, if I add myself to my wife's I-485, will my current EAD and AP obtained through my own 485 still be valid?
----- yes, they will be valid as they are based on your Pending I-485
And, do you guys know anyone who filed multiple 485s before?
--- yes, search the past threads
There seems to be so many technical details and my lawyer think one is not even allowed to have two 485s pending.
----- ask him to show law/regulation/memo that prevents second I-485 filing

if you have time read the below link it is long file and you will understand what is DUPLICATE I-485 filing and what is Second I-485 filing
http://www.ilw.com/lawyers/seminars/august2002_citation2b.pdf

http://shihab.net/empimm/I485sop.pdf
Thanks again.
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Since you guys are talking about it. I won green card lottery but I am hesitant to apply for it -not to mention all the forms/processes I have to go thru-because I am waiting for my 485 approval anyday-that day unfortunately hasn't come yet..
What would be the implications if I apply for 485 at the same time?
Thank you for your information.
 
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