Simultaneous I485 Me/Spouse related question

[vijayrc]

This is for my friend and his wife. His scenario is like this:

Hi,
My wife has filed for her 485 along with my application (mine is EB3 category) (which was sent to USCIS on JUL 2nd 2007). She applied as my dependent. Her company is also doing her GC processing and currently her I-140 is in progress (her's is EB2 category). Now they are thinking about filing for her 485.
Questions:
Can she file for her 485 though she had already filed with me?
Can I also file again along with her as dependant?
We are hearing from lot of people (ofcourse internet etc..) that multiple 485s is not advisable and CIS may reject or delay both cases.
But we are also hearing that EB2 will be at least 2-3 years faster compared to EB3. Any advice in this regard would be highly appreciated.
Note:
Mine is - EB3 with priority date 01/2006
My wife's is - EB2 with priority date 04/2007

 

[AKReddy]

check the following thread -
http://boards.immigration.com/showthread.php?t=258007

Notice the reply........
operations
Host/Administrator Join Date: May 2002
Posts: 2,198


I am doing it

--------------------------------------------------------------------------------

One of our community members brought this discussion to my notice. Here are my thoughts on I-485 multiple filings.

The way I see it, there is NO law that says I cannot multiple file. The fact that CIS "discourages" this practice is not my problem. If my client stands to gain by multiple filing, I will do it. Now, If it were the year 2005, I would be much more assertive and say if CIS rejects one of my cases I will take them to court, but since the advent of the Real ID Act, it has become very difficult to sue CIS except on the issues of law and constitution. To me, a rejection would be an issue of law. So if they give us grief, we will probably still see them in court.

I have done multiple filings, where needed, since 1993. I have never had a major issue. If I have one now, it may cause delays and problems, but that is a risk I (and our client community) is willing to take.

I hope this clarifies things. Good luck all.
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703-908-4800 Extension 110

 

[ela6]

I don't personally think, they will necessarily delay both. Look thro for specific info on these statements that people make. Don't base your decision on generic statements that people make.

Possible scenario when your case will be delayed: for example, your first 485 is about to be approved and your second 485 shows up...

Possible scenario when your case will benefit/faster: your first 485 is on Eb3 and now you have a chance to apply for Eb2 with a good/old PD.

When you send second 485, they will usually send a RFE and ask you which one you want to pursue. Yes, this may cost a month or two. However, if you are going from Eb3 to Eb2 it will immensely benefit you. So, there is a delay in short-term, however it speeds up on long-term.

You really have to look into the specific situation and decide. Hypothetically, let us say your EB3 will take 4 years for approval and your wife's case (EB2) will take 2 years to approve. How could filing 2nd 485 cause a long-term delay? I don't see how EB2 based 485 will take longer than the Eb3 based 485 based on this hypothetical scenario.

I have been burned by taking these generic statements and have learnt a lesson.

I think you are doing the right thing by posting in the forum that way you will get a lot of opinnions. Take into account only the replies that are specific and fact based.

The only risk (if at all) is the rejection of 485. However, I don't see why they would deny your first 485 just because you applied second time. Your second 485 should trigger a RFE which would ask you regarding your preferance.

There is one more thing that you need to pay attention to. I am guessing that you have a EAD and AP. They are based on the first 485. So, clarify with your lawyer. The chances are the EAD and AP will become invalid as the first 485 is withdrawn (after RFE). In which case, you will have to apply for another EAD and AP when you submit your second 485.

I have seen people applying for second 485 and getting approvals. Perhaps you do a thorough search in the formum on second 485. Be sure to involve your lawyer in this issue (sad fact is that not all lawyers are created equal and there are lots of them who don't necessarily know all the options - my own lawyer is an example).

Good Luck
Ela

This is for my friend and his wife. His scenario is like this:

Hi,
My wife has filed for her 485 along with my application (mine is EB3 category) (which was sent to USCIS on JUL 2nd 2007). She applied as my dependent. Her company is also doing her GC processing and currently her I-140 is in progress (her's is EB2 category). Now they are thinking about filing for her 485.
Questions:
Can she file for her 485 though she had already filed with me?
Can I also file again along with her as dependant?
We are hearing from lot of people (ofcourse internet etc..) that multiple 485s is not advisable and CIS may reject or delay both cases.
But we are also hearing that EB2 will be at least 2-3 years faster compared to EB3. Any advice in this regard would be highly appreciated.
Note:
Mine is - EB3 with priority date 01/2006
My wife's is - EB2 with priority date 04/2007