Use spouse's priority date and my pending I-485

[givememygc2006]

Here are the details

My Details
------------
Priority Date - June 2004 (EB3) approved in July 2004
Applied for I-140 and I-485 in Nov 2004 (My wife is included as dependent)
I-140 approved in Jan 2005
Currently on Adjustment of Status


My wife's details
-------------------
Priority date - January 2002 (EB2) approved in June 2007
Filing for I-140 (Premium processing)


How do we proceed? In using my wife's priority date and her pending I-485 application filed as a dependent on my case? Though the priority dates are current I want to make sure that our case is approved if they use FIFO (my pending I-485) or PD (my wife's PD)

Can someone please advice.

Thanks.

 

[ginnu]

Here are the details

My Details
------------
Priority Date - June 2004 (EB3) approved in July 2004
Applied for I-140 and I-485 in Nov 2004 (My wife is included as dependent)
I-140 approved in Jan 2005
Currently on Adjustment of Status


My wife's details
-------------------
Priority date - January 2002 (EB2) approved in June 2007
Filing for I-140 (Premium processing)
--------------------------------------your wife PD is 2002 and EB2, let your wife file her I-485 and you can file your derivative I-485 ( if you both have filed I-485 earlier then your A# is on I-485 filing reciepts and write your A# on all the forms like G325A , I-485

How do we proceed? In using my wife's priority date and her pending I-485 application filed as a dependent on my case? Though the priority dates are current I want to make sure that our case is approved if they use FIFO (my pending I-485) or PD (my wife's PD)
-------------- You need a very good lawyer to draft a letter that your wife pending I-485reciept# should be treated as primary and your pending I-485 with receipt notice# as derivative. But the problem with this is that your wife I-140 is not approved at this time and USCIS delays in making the requested changes and some time they don’t do it. Better is to file your second I-485 as derivative with your wife I-485 and your wife PD is 2002 and EB2 that have the approval chances earlier than your EB3 case with PD of 2004


Can someone please advice.

Thanks.

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

 

[givememygc2006]

Thank you Ginnu.

My wife's lawyer included my I-485 receipt and A# wherever she can when filing for my wife's I-140 and sent it to USCIS. She did not file for I-485 yet ( I guess waiting for USCIS to respond on her I-140 and a pending I-485). We will know about the I-140 pretty soon.

Thanks.

 

[ginnu]

Thank you Ginnu.

My wife's lawyer included my I-485 receipt and A# wherever she can when filing for my wife's I-140 and sent it to USCIS.
-----------------I-140 form for your wife only need HER A# if she has got and not YOUR I-485 filing reciept or YOUR A#
She did not file for I-485 yet ( I guess waiting for USCIS to respond on her I-140 and a pending I-485). We will know about the I-140 pretty soon.

Thanks.

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

 

[biboo]

Serious concerns

Hi all,
My attorney (a great guy by the way) filed my I485 without my employment verification letter. When I raised the question, he argued that the employment verification letter cannot be a ground for denial and that worst case scenario will be USCIS sending a RFE.
Is it true that it is not a ground for denial?
Is is possible to send it it separately to complete the file?
What would be your advice?
Thanks is advance.

 

[givememygc2006]

Another update

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

Yes you are right. It was my wife's A#.

Her I-140 got approved and USCIS haven't touched our I-485's yet. Any ideas what can we do now? Is is OK to file a I-485 for my wife and include me as a derivative though an I-485 is pending with my name as primary and my wife as a derivative.

Thanks.

 

[ginnu]

Yes you are right. It was my wife's A#.

Her I-140 got approved and USCIS haven't touched our I-485's yet.
Any ideas what can we do now?
---wait
Is is OK to file a I-485 for my wife and include me as a derivative though an I-485 is pending with my name as primary and my wife as a derivative.
--------------------your wife CAN file HER I-94 and you can file your second I-485 as derivative ( if you have A# then need to write that A on all forms in future)

Thanks.

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