d_p_ld Posted November 12, 2011 Report Share Posted November 12, 2011 HI 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? thanks Amita Link to comment
Belle Posted November 14, 2011 Report Share Posted November 14, 2011 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. Link to comment
d_p_ld Posted November 14, 2011 Author Report Share Posted November 14, 2011 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?? thanks Amita Link to comment
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