two 485 Petitions? Gurus Pls Help...

G

GCSeekerInd

Registered Users (C)
Hi All,

Has any one ever filed 2 485 petitions?Is it OK to file 2 petitions?
:confused:

Here is my case.

First 485 petition for adjustment of status was filed through my wife as a principal applicant with me as a derivative.

Second 485 application with myself as the principal and my wife as the derivative.

My wife's attorney says this is OK to file this way while my attorney disagrees with this.Hence my attorney did not include my wife in the second 485 petition.I am not happy about my wife being excluded from the second petition and also not sure of the problems/repurcussions, if any of this?

Is it OK to file 2 petitions? If not shall I withdraw the second 485 petition?Any ideas?

Also would finger prints have done twice as they are 2 petitions?

Please help me resolve this...:confused:

Thanks and appreciate your help in advance.
 
Two I-485s? That's a great idea if you believe in giving your lawyer twice the fees, and BCIS twice the filing fees. If you don't mind doing that, let me give you my paypal account and you can send me $500. :)

You file an I-485 ONCE. Just once. Each of you should file the I-485 on the basis of your approved I-140. If your circumstances change, then one individual writes BCIS a letter requesting that they change the category of their I-485 from primary to derivative. Much simpler and cheaper.

Unless you have money to burn? Please IM me so I can help eliminate this problem. ;)
 
Its a good idea to file 2 petitions provided one is for consular processing and other one for 485, thats what some attorneys interpret this kind of cases.
 
I remember reading a post in this forum of a guy who had filed 485 in 2 service centers. He posted a question about how to cancel the second petition when one got approved.
Murthy recommends doing one as CP and the other as 485.
 
Originally posted by sam99
Its a good idea to file 2 petitions provided one is for consular processing and other one for 485, thats what some attorneys interpret this kind of cases.
Click to expand...

How can you file an I-485 for Consular Processing? (BTW, INS considers a request for Consular processing via I-824 to mean abandonment of the I-485)
 
Thanks Guys for the reply.

My question still reamins unanswered.

Does the finger printing need to be done twice?

I am thinking of withdrawing the 2nd petition to avoid confusion and possible queries.Any suggestions?

What confuses me more is different intrepretations by 2 attorneys.
:confused:
 
Hi GCSeekerInd,
I had a bad experience with my GC processing. I filed two 485 at the same service center using same approved 140. My first application did not received by BCIS and I waited for 4 months to get a receipt notice. Since the check (it was a corporate check) was valid only for 3 months my attorney asked me file again because the first one may get rejected because of invalid check. To my surprise bank cashed the outdated check and BCIS issued receipt after 4 months. My attorney wrote to BCIS to cancel the second one. My first application got transferred to local office and second one issued FP notice (great BCIS , FP for closed application!!!) . I am waiting for my interview letter so that I can go to local office and cancel my second one.

So even if you cancel one BCIS may reopen the second one later.
 
GCSeekerInd,

Here is what my experience has been so far... I applied for two I-485s from two different companies..., both for myself and my spouse. One was based on a future employment offer, the other one is through my current employer.

Future Employment: RD: 09/19/01, ND: 11/15/01, FP: 02/02
No RFE, No approval so far !

Current Employer: RD:11/15/01, ND: 12/10/01, FP:04/03, RFE: 03/30/03

I got only one request for finger prints initially., but I noticed that both the apllications were interlinked by the A#... recently, I got a second notice for my fingerprints thru' my current employers 485. Since, A# s are the same for both the application in my case.., therfore the status for both the applications got updated saying 'we recvd your fingerprints, blah, blah, blah..."

I got the RFE recently thru my current employers 485, they asked why I have 2 485s ? and they also asked for Employment letter from my current employer and two/three months latest pay stubs.

Both the attorneys suggested that I withdrew one.., therefore I withdrew the future employment 485., sent the evidence of withdrawl + employment letter from the current employer and the pay stubs !

Hope this helps.. !! so, it not a good idea to have two 485s, you have to withdraw one.

Thanks,

Deejay999
 
change of residence and jurisdiction

Hi, all,

I've a couple questions regarding immigration. Can those who have gone through similar things give me some suggestions?

If one has filed (as a dependent) for green card with a spouse, and is now moving onto a new position in a different state, can he/she file a new case based on his/her employment? If yes, does he/she have to withdraw the first case before filing the second, or keep both viable?

When one moves to a different state and jurisdiction, how should he/she handle a pending case? Transfer it, notify the original jurisdiction of the change, or start a new case?

Any advice along these lines will be deeply appreciated.

Regards,
 
Originally posted by Deejay999
GCSeekerInd,

Here is what my experience has been so far... I applied for two I-485s from two different companies..., both for myself and my spouse. One was based on a future employment offer, the other one is through my current employer.

Future Employment: RD: 09/19/01, ND: 11/15/01, FP: 02/02
No RFE, No approval so far !

Current Employer: RD:11/15/01, ND: 12/10/01, FP:04/03, RFE: 03/30/03

I got only one request for finger prints initially., but I noticed that both the apllications were interlinked by the A#... recently, I got a second notice for my fingerprints thru' my current employers 485. Since, A# s are the same for both the application in my case.., therfore the status for both the applications got updated saying 'we recvd your fingerprints, blah, blah, blah..."

I got the RFE recently thru my current employers 485, they asked why I have 2 485s ? and they also asked for Employment letter from my current employer and two/three months latest pay stubs.

Both the attorneys suggested that I withdrew one.., therefore I withdrew the future employment 485., sent the evidence of withdrawl + employment letter from the current employer and the pay stubs !

Hope this helps.. !! so, it not a good idea to have two 485s, you have to withdraw one.

Thanks,

Deejay999
Click to expand...

Deejay999,

You are right. I noticed that A# numbers are interlinked between the petitions. Atleast some control mechanism !!!!!

Thanks for this info.
 
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