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ashiktmz

I 485 Part 3B ("Applying With You")

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I am on H1B and my wife is on F1. I am filing for my I 485 on feb 4th and file I 485 for my wife on a later date may be after 3 weeks. Will she still be my EB2 derivative applicant? Right? Someone said that if you file later, your GC can get approved and she will have to file under family based. Is that true?

What Should I select for the Part 3B question on my application "Applying With You"? Yes or No.?

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@JoeF or @pontevecchio

Do I need to select "YES" Part 3B ("Applying with you") question on my application even though me and my wife are filing on separate dates? My wife will file 3 weeks after me.

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You can do it either way. Your wife does not lose eligibility if you don't state that she is applying with you. It is just for USCIS convenience.

No, you will not have to apply in FB if you are approved before your wife files. You need to be married before your approval, which you already are.

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