Different case - Attorney says i made mistake in I140. Please help


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Hi Experts,

My I140 was approved with my previous employer and the priroity is Sep 2008 in EB2 category. It got current in Dec 2011. I got married in the month of oct 2011. I contacted one of the attorneys locally and they said that i did mistake by not updating my wife name in I140. Is there any other alternative i have so that i can file I485 together.

Thank you.

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If your filing date is after your marriage registration date, then it will be treated as mis-representation. You need to revoke current I-140 and re-file (I-140/485) together.

Are you sure????. I don't think they need to revoke and file again. If the date is current and primary applicant 485 is still pending, then she(beneficiary) can file her own AOS based on primary applicant's I-140.

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