Question for cross filing

J

jjjelimy

New Member
Dear Gurus, Need your help on I-485 filing.

We filed I-485 about a year ago. My spouse is principal applicant. We did finger print last year.

In the meantime, I'm filing for permenant resident with my company as well. Now I've reached the stage for filing I-485. Now I'm not sure I can file for my spouse as well.

My questions are:
1. Will cross filing I-485 affect both cases?
I heard that INS (BCIS) used to reject the second application if they see the same applicant appears on another filing.

2. If my spouse's principal application case get rejected, will that affect my filing as principal applicant?
With the current economy and the long waiting time for I-485 approval, we are really afraid of the timing issue of RFE and possible loss of job.

3. If I get laid off (not switching company), can my employer withdraw my I-485 application? I read in this bulletin that people can file AC-21 after 180 days, but I've also heard that employer can withdraw the Greencard application. So I'm really confused.

Besides, since my spouse's filing is a year ahead of me (if I file now, I don't even know whether it's making sense for me to file at all).
Any input is really appreciated!

A frustrated soul.
 
ONLY one active 485 application per person

More chances that your appication being rejected because you are already in queue. If the first one is rejected then it makes sense to apply again with second one.
 
My friend in Fremont has done this (cross filing) - both husband and wife have applied as principals and included the spouses - it is definitely a waste of time and resource. INS has not rejected any till date. They are Jan 2002 filers.
 
They have not rejected any application till now because INS have not looked in to the application till now, sooner or later they will find out and they will reject which was filed later.
 
My case is very similar to what you are saying. My wife was the main applicant and we have filed for i 485 with RD of 12/15/2001.Meanwhile my labor has been cleared.When i checked my lawyer, this is the reply he gave

"You may also submit I-485/I-140 proceedings. You need not dismiss or replace your wife's adjustment proceedings. Rather you may submit adjustment proceeding "in addition" to your wife's proceedings. However there would ordinarily be no need to file duplicate adjustment proceedings unless the prior proceeding contains a defect that may be fatal to the case.

Incase new adjustment proceeding is filed then "Medical Examination & New Photographs" will be required.
"
:confused: :confused:
I have still not decided what to do? Infact if you see the I 485 application , it does ask us to confirm if our previous application if any is pending .
 
AFAIR, two I-485 per applicant are permitted unless they are based on the same or different I-140. Therefore, the situation when one I-485 is filed as a dependant and another I-485 is filed as a primary applicant should be normal.

Given the current grim situation with AOS adjudication times, I would advise to go the CP route for the second application. It seems to take less time, but imposes a number of restrictions. Such as:

1. No EAD & AP for CP applicants (EAD & AP can be procured through concurrent I-485, though).
2. No AC21 for CP applicants (the concurrent I-485 protects the status, indeed, should a change of job be required, but CP outcome will not be successful in this case).

And, perhaps, something else, of which I forget at the moment :)
 
Strongly concur with BitterMan, don't blink an eye, just apply for CP. It will be your best bet since it gives you multiple options. Applying for 485 again is a waste of time and resource. While you can't get EAD/AP on CP. Atleast it is being processed on a different track from your 485, and as of right now, there is a better chance of approval!
 
jjjelimy, I am exactly in the same boat as you are. Right now mine & my husband's AOS is being done by my company (me being primary)> He has his 140 approved and we talked to lawyer about CP on his 140. She said I can't work on EAD if I apply for CP. Since I am working on EAD right now, we did not go that CP route & waiting for AOS to be approved.
 
Originally posted by mango_pickle
jjjelimy, I am exactly in the same boat as you are. Right now mine & my husband's AOS is being done by my company (me being primary)> He has his 140 approved and we talked to lawyer about CP on his 140. She said I can't work on EAD if I apply for CP. Since I am working on EAD right now, we did not go that CP route & waiting for AOS to be approved.
Click to expand...

I was under the impression you can work if you have EAD. The CP route will not let you file for EAD. But AOS does. So I don't understand how you cannot work even if you have EAD when you apply for CP.
 
Isamp, I am not very sure why my lawyer said so and if that is right or wrong.
I probably should talk to more people..
Do any of you who want to get CP done on EADs?
 
Thanks every one very very much for your replies. They are very very helpful. I sincerely appreciate it.
Based on what I have learned on this board, I decide not to pursue AOS for our second application, instead I incline to filing CP, but what I don't understand is that:
We already have EAD and AP filed with my wife's I-485, although we have't used them yet. If we decide to file CP for my case, in addition to the fact I cannot file EAD, can I use the EAD I already have?

Thanks in advance.
 
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