need help with I 485 Filing

[champaign]

I am asking for help regarding filing for I-485.

My situation is as follows:

I have already filed for green card I-485 applied in July 2007 with the following in place

• EB3 category
  
• I-140 approved
  
• I-485 pending AOS (Adjustment of Status) due to retrogression: EB3 category PD 2004
  
• I am primary and my spouse is dependent
  

My spouse is a dependent on my green card as such his I 485 pending AOS (Adjustment of Status) based on my application in EB3 category.

Now, my spouse has also applied for a green card through his employment in the EB2 category, Priority date: March 2009

His details are as follows:

• EB2 category
  
• I140 approved based on EB2 category (current employer). PD March 2009
  

There is a high probability that the dates are going to be current with the next 6 months or so. What is the best way to go about with his processing of the I-485?. Do we have to file new I-485's or we could use the old ones from 2007 when I filed for I-485. I have heard of interfiling of I-485's where one can use the old I-485 dates, but am not sure as to how this could be done?

[Belle]

If your spouse used her A number on the I-140, it is likely that her petition will be automatically interfiled. In fact, she should probably call the 1-800 number and ask to be considered her own primary. When the dates are current (or earlier if you choose), you should call 1-800 number and ask to change your eligibility to be a derivative of your spouse - give them her I-485 receipt number.

[champaign]

If your spouse used her A number on the I-140, it is likely that her petition will be automatically interfiled. In fact, she should probably call the 1-800 number and ask to be considered her own primary. When the dates are current (or earlier if you choose), you should call 1-800 number and ask to change your eligibility to be a derivative of your spouse - give them her I-485 receipt number.

Just so that I thoroughly understand this, My spouse James, will still have to file a new I-485 (when his Priority date becomes current) with the application form, the fee of $1070.00, the medical exam and biometrics for himself as well as for myself and then when he receives his Receipt of notice, we inform the USCIS of interfiling the application.Also, the part of James calling the USCIS and informing them to be considered a primary is vague. Can you please elaborate on that?

[champaign]

If your spouse used her A number on the I-140, it is likely that her petition will be automatically interfiled. In fact, she should probably call the 1-800 number and ask to be considered her own primary. When the dates are current (or earlier if you choose), you should call 1-800 number and ask to change your eligibility to be a derivative of your spouse - give them her I-485 receipt number.

Hey Belle,

Thank you for your prompt reply. I'm hoping you can provide me additional feedback.

[champaign]

If your spouse used her A number on the I-140, it is likely that her petition will be automatically interfiled. In fact, she should probably call the 1-800 number and ask to be considered her own primary. When the dates are current (or earlier if you choose), you should call 1-800 number and ask to change your eligibility to be a derivative of your spouse - give them her I-485 receipt number.

Belle, this is what one website "****************.com" had to say, which basically means that husbands and wives cannot use each others priority date to interfile. Is this true?

"Can Wife use Husband’s Priority Date or vice-versa to Interfile I-485?

In a scenario where both husband and wife have independent I-140 petitions filed by their respective employers, and where there is a set of I-485s (one for the primary spouse and one for the derivative spouse) filed with regard to one of the I-140s, there is no option of interfiling based upon an I-140 approval for the derivative spouse, even if his/her preference category is better and make them eligible to file I-485 based on primary’s priority date. This is because the roles of derivative spouse and primary applicant would have to be reversed in this situation. There is no mechanism when interfiling to shift applications from derivative to primary and from primary to derivative, therefore making them improperly filed with the other I-140 petition. You cannot mix and match your priority date to take advantage of both worlds.

Of course, if the same person has an EB3 and now an EB2 I-140 petition, the USCIS will allow the EB2 I-140 approval to replace the previously-filed EB3 I-140 petition approval."

[Belle]

Based on what I see people report here, it's not true. Probably, not true any more.