| Q. |
Spouse as Derivative : Both I-485's are pending as PRIMARY
Hi,
My I-485 was applied in EB2 category by my employer. My Wife's I-485 was applied in EB3 category by her employer.
Both I-485's are currently Pending at TSC.
My I-140 is approved last July 2007. Her I-140 is still pending.
My Priority Dates are Current.
To obtain benefits of EB2 processing, I want to add her as a derivative of my I-485.
Whats the procedure, since her I-485 is already pending ? Can we file an amendment to her current I-485 or we need to file a whole new I-485 for her ? Also do we need to file any such amendment BEFORE my I-485 is adjudicated ?
Further, will this delay her processing ?
User's Location:
Iselin, New Jersey, United States of America
Category:
Employment-based Green Card
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| A. |
There is no good procedure to notify the TSC of this situation. However, there is something you can do.
You may need to contact the service center in writing and make sure that they have both receipt numbers, so that they can consolidate her I-485 with your I-485. I don't think you need to file another I-485 for her.
Send two letters to the TSC (on for your I-485 and one for her I-485) with copies of both receipt notices and a copy of your marriage certificate, and ask them to add her I-485 file with yours. She should be your dependent, not vice versa.
You may wish to put large red letters on the outside of the envelope: DO NOT OPEN IN MAILROOM: For I-485 Supervisor Only/Consolidation.
The sooner you request the amendment the better. Since your case is an EB-2, which is current, and her case is only an EB-3, your case (with her as your dependent) should be processed more quickly that her EB-3. |
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Fredrick W. Voigtmann
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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