When is someone considered to have applied for permanent resident status in the U.S.?

[gsgchelp123]

Both my wife and I are in the process of applying for the green card. Her priority date has become current first while I am waiting for mine.

For now, I will be applying as a dependent on her application, I need to fill out the 485 form as well.

There is a question "Have you ever before applied for permanent resident status in the U.S.? Yes/No"

What should I answer to that (Yes/No)? My 140 is approved but I am waiting for my date to become current so I can file for AOS. Please advise.

Thanks.

[Belle]

In other words, have you ever filed I-485 or interviewed for consular processing?

[pontevecchio]

I-140 means YES.

[vinodhts]

Unless you filed for I 485 or Consular process you can say NO.

[Belle]

"I-140 means YES."

Then the question is meaningless - everybody will have to answer yes, since almost anyone who files I-485 has some sort of immigrant petition. By the way, an immigrant petition is not the same as permanent residence petition.

[gsgchelp123]

Would be great if this can be validated by a Murthy Attorney as well.

Sounds like the concensus so far is to answer "No"

Thanks to all who replied.

Gautham

[Joe.F]

If the question is "Has an immigrant petition been filed", that means I-130/I-140.

If the question is "have you applied for permanent resident status", that means I-485.

[Belle]

When you have specific questions about your particualar application, you should hire your own attorney and not expect an attorney on a public forum to provide you with advice. That, and also the fact that your full immgration history needs to be reviewed to provide correct answer.