Changing wife's I-485 from Employment base to family base GC

[sonu_1976]

Hello Experts,

 

I got my GC in Oct 2013 under EB2 but wife got RFE due to Birth certificate and we submitted RFE but visa numbers were not available so she did not receive GC. In May 2014, when PD (July 2007), she again got RFE due to medical and we did medical again and responded to RFE. This year, when our PD was current, we contacted USCIS, opened multiple SR, called them but nothing worked and no one worked on her case and we did not receive any results this year too.

 

Now, again date have our PD is not current and I don’t think, she'll get GC next year too. So I am planning to apply her GC through family category because I have GC.

 

Can someone please explain process. I think, i have to file I-130 and after that I-485 but is there any impact on keeping both I-485 applications. I-130 might take another 1-2 years so any suggestions experts.

 

-Thanks

 

 

 

[JoeF]

You can file an I-130 just fine. It won't interfere with the current process.

When the family PD is current, your spouse can do interfiling, i.e., informing USCIS to use the I-130 as the basis of the I-485.

[sonu_1976]

Thanks JoeF