two I-485 for different I-140's?

I

imli

Registered Users (C)
I am submitting a EB2-NIW for myself and including my wife in the application. So I am planning to submit two separate I-485 (one for me and one for her) along with the receipt of my I-140 application.

Now, my wife is also thinking to apply for EB2-NIW to maximize the chances since my I-140 will be examined based on my credentials. She also has similar credentials and it is possible that her application gets accepted in case mine do not. But if she files a separate I-140 and include me in the application, then should we also submit another set of I-485 along with the receipt of her I-140 application?

First question is can we do that (i.e. submitting two I-140 with same sets of name)? And secondly, if yes, how many I-485 should we submit?

Please help.

Thanks a lot, in advance.
 
There is no reson that I could find that would prevent you to file an I-495 as primary concurrently with your own I-140, and an I-485 as dependent concurrently with your spouse's I-140 (same thing for your spouse the other way around).

Hoewever, you will have to be clear about what comes first (in time), because you have to answer the following question in Section 3:

Have you ever before applied for permanent resident status in the U.S.?
If you checked "Yes," give date and place of filing and final disposition.

So, simply choose which one is the first one, and explain on the other one what you just did .

As you file concurrently, you are left with answering the question: who goes first on the I-140 side, you or your spouse ;)

However, it is not because there is nothing apparent on the I-485 preventing this to be done that there is not something somewhere else. I would be surprised if there is, but, well, surprises you can have indeed with the Immigration process!


Chris
 
ChrisV, Do you think I will then need to submit two separate medical report (ie. I guess, form 693) for each of us?
 
I was wondering you are inviting more complication with two sets of I-485 on the same name ... take real legal advice from an attorney ... There might be options to relink two I-140s to one I-485 .. just a thought !
 
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