URGENT!!!Husband/wife file separate for I-140?

[avanibala]

I need some help regarding two parallel green card process with both LCA approved.

My wife is a Kuwait born Indian citizen whose I-140 is filed with my name included as spouse. Her PD is July, 2003 in EB3 category with a stable job.

I am a Nepali citizen whose LCA got approved. I qualify for I-140/I-485 concurrent filing as my PD is current on EB2.

My dilemma right now is shud I add my spouse as derivative beneficiary when I file for my I-140/I485, or NOT? Is it possible that both of us get our I-485 filed separately without adding each other as a benificiary?

Or is there a way that I cud add her as a benefiaciary without losing the advantage of her process being intact just in case my I-485 gets queried or something. My job is not stable and that is why this dilemma?

I just want to get the expert opinion so that I can make my decision ASAP.

Thanks to you all for reading my issue.

 

[TheRealCanadian]

Or is there a way that I cud add her as a benefiaciary without losing the advantage of her process being intact just in case my I-485 gets queried or something. My job is not stable and that is why this dilemma?

Absolutely. She files her I-485 based on being a derivative of you, but her I-140 remains approved. At a later date you can amend your I-485s to be based on her I-140 (with her as a primary and you as the derivative) if you choose, provided her PD is current.