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

 

[Zgreen]

Yes, she can file another I-485 using her own LC.
Yes, you can file a second I-485 as her dependent.

But as to whether you should do this (filing a second set of applications), it is hard to tell. What you read are correct that multiple cases can indeed confuse USCIS. Heck, even one simple case may sometimes confuse them. But your concern is also valid that EB2, in theory, does have benefits when it comes to retrogression. Throw in different PD and FBI name check in the mix, you really just have to go with the best guess. Nobody knows what happens later in this immigration mess, and a better choice today may turn out to be not the best decision. But look at the bright side, this is a good problem to have, vs. not being able to file either one a couple months ago.

Good luck.

 

[vijayrc]

Thanks for your response. I checked with my attorney and he said the same.
He suggested us to go ahead with the second set of 485s.