Filing new I-485 with spouse when EB3 485 is under MTR/denied


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I have an approved I-140 with Dec 2007 as PD. I was hoping to file I-485 for self and spouse as the dates are now current.

But my spouse has EB3 Jul 2003 PD GC process [for both of us] , following are details

I-140 - approved [originally denied but we filed for MTR and got approved later. I-140/485 were filed concurrently in 2007]

I-485 - website shows denied [but during MTR filing , I-485 was also included in appeal]

EAD - valid ead card.

AP applied in Nov 2010 was extended based on the above MTR.

My question here is

1. if I file a new 485 for myself and include my spouse name as well , what kind of risks might be involved?

2. I have heard of interfiling...can interfiling be used in this case?

3. My spouse has been self employed [without paychecks] last two years , so no paystubs or W2s. Does this affect inclusion as dependent in my I-485 application?



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1. There is no such thing as "include spouse's name". Either the spouse files I-485 or not. Everything else does not matter. Also, none of your spouse's issues impact your case.

2. Interfiling is changing eligibility for the green card while I-485 is pending. It is not clear if your I-485 is pending. If it is, you may use interfiling. Your spouse may be able to interfile as a dirvative once your petition is pending as primary.

3. This does not directly impact your spouse's eligibility as a derivative, however, s/he should consult a lawyer to understand if being out of status precludes him/her from AOS as your derivative.

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Hello Belle

Thanks for your response.

for your response to 2:

I have not filed my 485 yet. But I intend to file in Dec 2011 when dates become current for me [PD Nov 28 2007] with myself as primary and my husband as derivative.

for response 3:

He has a valid H1-b with I-94 till Aug 2012.

Does being out of a job imply being out of status??



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