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Question

Dear Lawyer, I'm in a situation where my EB2 I-485 application (nationality: Vietnamese, PD current) was approved on Feb 2nd 2021. I got married in December 2020 and decided to add my spouse to my then-pending I485 application and we just sent my spouse' application as a derivative applicant last week (delivered to USCIS on Friday Jan 29) . We haven't received the receipt notice yet. My lawyer said it would be a hit or miss because she said we are only able to interfile I-485 for spouse while the primary application is still spending. In case my spouse's I485 is rejected, we'd need to go under F2A route. I checked USCIS's guideline for filing I485 and they mentioned that as long as the marriage took place before the approval time, it's allowed to interfile with just I-485. So I'm confused and anxious. Is my spouse still good to go with I-485 or do we have to refile it under F2A Category?

User's Location: San Francisco, Alabama, United States of America

Category: Employment-based Green Card