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

[chigs]

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.

[pontevecchio]

If you have proof that oyu were married before GC approval and if she is in the USA she can file AOS.

[highlyskilledalien]

No. Spouse name is not in 140. When you apply for 485, you'll put your spouse name. Your spouse will have their own 485 application, specifying you as spouse along with a copy of your 140 approval notice.

[mike999]

Not sure what's the issue but I think you can file 485 for you and your spouse will have to file her own 485 based on your approved I-140. This as long as your previous employer hasn't revoked your I-140.

[habeebulla]

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.

[mike999]

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.

[Belle]

Hm... Mistake? You were not even married back then, so the petition is correct. In either case, your I-140 is sponsoring you for the position. Your spouse gains eligibility by being your spouse, not by being put on I-140.

Get a different lawyer. Seriously.