My wife's uncle applied for her father's family immigration in 2001, her mother & my wife, her siblings are listed as dependents. Last year her father along with family received the letter that I130's are approved and was asked to pay the visa fee.Even though my wife was over 21 she was asked to pay the visa fee under Child protection act. She declined it last year coz I wanted to apply her under my employment based EB2. Now I am applying for her I485 & mine as well.

Under her I485 does she has to select the option that she has applied for Permanent Residency before?

My Lawyer says it dosn't matter if she selects NO or Yes. will there be any issue during processing if I select NO?

My wife's sister selected NO when she filed her 485 under EB2 in 2009 and she got her GC.