Question on simultaneous 485s

goldengate

Registered Users (C)
I saw some recent discussions about parallel 485s by the same person. My question is about parallel 485s by a couple with each other as dependents.

My case is June RD, so the approval may come tommorrow. It may come after six months. Anybody\'s guess. I\'ve been laid off (after 180 days). There may or may not be an RFE. I don\'t want to presume that I will not get an RFE. I may or may not have another job if and when the RFE comes. (Too many unknowns)

My wife has a approved I-140 and has a choice of filing CP or AOS.

My lawyer says : She can file CP but not AOS as that will jeopardize my case. His reasoning is that the A# is fixed for a person and does not change. And INS will not like it if another AOS comes in for the same set of A#s. But lawyer says, she can file CP, no problem as that has nothing to do with A#.

Her lawyer says : She can file AOS. It will not harm my case.

I hope her lawyer is correct and we can go ahead and start her case in parallel.

I am quite eager to hear other views on this matter.
 
i remember reading

that there are a few couples in the similar situation

man files for aos as primary with wife as dependant
and wife files for aos as primary with man as dependant

I think amburan is in similar situation

read his response in recent approvals thread
He just got approved
 
Top