family based F2A I-130 filing when EB2 485 pending

[tag_forum2k12]

my EB2 priority date is July 2008 and got my GC  last year .my wife  got  RFE last year and dates moved back after RFE Response.she  is holding EAD & AP validity for next 2 years.I'm planning to apply for my wife on  family based F2A category which is current now.

 

 1) when she apply for I-130, any impact on her Pending( EB2) 485 application?or both are independent and no affect on each other ?

 

2)can we keep both 130 &  pending 485  process parallel or need to cancel pending 485 before apply for 130?

 

3) what is the case if her I-130 approved , do I need to submit another 485 and interfile both pending I-485 with the I-130 approval?

 

 

Please advice

[pontevecchio]

The fastest way is to file a I-130 and also change the basis of her AOS. If you move fast enough and have a Lawyer deal with the matter SOON she has a very good chance of getting the GC sooner. EB2 dates and the F2A dates have a tendency to move alarmingly. Get a Lawyer now and get moving.

[tag_forum2k12]

Thank you .

after I-130 approved, USCIS allow for interfile the pending I-485 with the I-130 approval?

if not ,need to submit  another  I-485 which will cancel exist pending 485 automatically ?

[rambobu]

1. No impact

2. No need to cancel 485. Apply 130 get an approval and then interfile existing 485

3. No need to file another 485. mail a letter to the service center where her 485 is pending asking them to interfile with approved 130. Follow up with infopass, Senator's office to ensure case is upgraded to F2A.

 

You will be called for an interview when they put the two together. may take upto 6-8 months.

[tag_forum2k12]

thank you very much for valuable information .one more clarification..

 

I found this information on  this  site about interfiling.. if that is the case, as soon as I applied i-130 with pending 485 means ,converting my employment based EB2 to family based petition? 
I'm still not able to decide to apply for I-130 or not.my EB2 PD is July 2008.I really appreciate your advise. 

http://www.murthy.com/2013/07/26/interfiling-ne... 

USCIS Refers to it as "Conversion" 
The U.S. Citizenship and Immigration Services (USCIS) memoranda and the Adjudicator's Field Manual (AFM) use either the term transfer or conversion for what most foreign nationals and immigration law practitioners refer to as interfiling. The underlying basis for a green card case may be converted in a number of situations.

[pontevecchio]

You have a Green Card. The dates for your spouse are current as far as being the wife of a GC holder. They WILL NOT remain current for long. EB2 PD is a nightmare for India. Do you want her to get a GC soon? If so file the necessary documents. I-130 and I485 with Interfiling. Surely you can spend a little bit of money for a Lawyer on her behalf.

[tag_forum2k12]

Thank you all for your help .

after 6 months ,my wife  I-130 approved last week. still her dependent employment based 485 pending  PD: EB2 July 2008 (I got my GC 2 years ago ). she is carrying EAD & AP. now  I have 3 options  to proceed further

1) either should wait untill EB2 PD become current(EB2 July 2008), 

2) interfile the I-130 approval with the pending employment based I-485 application

3) consular processing by submitting I-824

 

a) what if we go for option 3  consular processing,can we keep pending Employment based EB2 or witt it be automatically cancelled or converted ?

b) what if pending Employment based EB2 PD become current in between ?

c) how long consular processing takes & what documents are required

. appreciate your advise.