Question on 2 I485s

S

sankarnp

Registered Users (C)
My wife has filed for I485 thru her employer approximately 6 months ago and that is still in process. She is in US on an H1b visa
I have a GC and hoping to get my naturalization process completed soon. I know I can file for an I485 for my wife as a dependent at that time. The questions are
1. Should I withdraw the earlier I485 and file a fresh one?
2. Can I link the already filed I485 to the I130 (application for dependent)
3. Should I file another I485 and hope one of them will get approved eventually and cancel the other one?
Please let me know your opinion.
Thanks
 
As long your wife is making good progress on her I-485 I would just lay low and see what happens. You could file a I-130 right after you become a citizen. Its not as expensive as the whole I-130/I-485 package. If anything goes bad with the I-140, you can try to re-link the I-485 with the then approved I-130. I am sure thats pretty unusual and the robots at NSC/TSC won't have any clue how to handle it, but should be possible in principle.
 
sankarnp said:
1. Should I withdraw the earlier I485 and file a fresh one?
Click to expand...
there is no need to. Her EB based I-485 is connected solely to her I-140.

2. Can I link the already filed I485 to the I130 (application for dependent)
Click to expand...
no

3. Should I file another I485 and hope one of them will get approved eventually and cancel the other one?
Click to expand...
that's exacly how it works. During the interview for whichever I-485 gets approved first, she will be offered to abandon the other one.
 
Thanks for your kind replies. Filing a second I485 looks the most logical solution. I am also thinking of consulting an immigration lawyer.
 
You can't file two I-485s in parallel. Pretty early in the process they will send you an RFE and ask you to withdraw one (usually before the fingerprint notice is generated). So its pretty much a pointless waste of the $1000+.
 
you can have two AOS applications, as long as they are based on different applications (EB and Family). Now, it's true that' it's better to have one CP and one AOS application instead, but when one cannot do that, one has two AOS applications pending.
 
nscagony, That is good to know. I prefer marriage based I485 to employment based since employment based ties one to the employer or job. I am not sure how long her employment based GC will take,the priority date is late July 2005 when labor was filed while I485 was filed Ausgust 2007. Family based I485 seems to take 1 year from reading in this forum.
 
Last edited by a moderator:
"Family-based is less of a risk as long its a bona-fide marriage. No RFEs for ability to pay etc."
That is good to know. My I130 is approved. I thought I will still have to show proof of ability to financially support the family(though she is also employed)
Also do we get called for an interview even if the I130 is approved?.
 
you will not get an interview or a GC based solely on I-130 approval. I-130 only establishes eligibility for a visa number.

You will, however, get an interview for I-485 (AOS) or consular processing if you wish to proceed that way.
 
You must log in or register to reply here.
Top