Green Card Filing Question

[Newjoin]

My husband's I-140 is approved and even I  applied my GC separately before my marriage and got my I-140 approved. My husband's PD is 2010 and mine is 2012. I would like to know if my husband's PD is current before mine can he add my name when filing for I-485 or should i wait until my PD is current as i applied my GC separately.

 

As we both applied separately should i wait till my PD is current and apply for I-485 separately?

[pontevecchio]

The way it works is the PD becomes current for either of you. In that case the other spouse can file AOS along with the principal. It could be either one of you whose PD can become current.

[catx]

I would like to know if my husband's PD is current before mine can he add my name when filing for I-485 or should i wait until my PD is current as i applied my GC separately.

 

There is not such thing as "adding" a name when filing an I-485 adjustment of status (AoS) application.  When a primary beneficiary files their I-485 AoS applcaiton dependents (spouse, children) can file their own derivate I-485 AoS applications.  As pontevecchio posted, whichever spouse gets to file their I-485 AoS application first because their priority became current, the other spouse can file a separate derivate I-485 AoS application.

[Newjoin]

Thanks for the reply.

 

Lets suppose my husbands PD becomes current and in that case i can file AOS along with the principal. I would like to know what happens to my GC filing which i applied seperately (my I-140 is approved) . Is it cancelled and can i add my name with my husband's GC filing?

[pontevecchio]

Your GC petition stands on its own. Obviously if you already have the GC the previous petition is redundant.

[Newjoin]

What i exactly want to know is, if my husband's PD is current before mine

 

1. Can i file for I-485 AoS applcaiton with my name as dependent (wife)husband's application or should i wait until my PD is current (as i applied my GC seperately and my I-140 is approved)

 

2. If i file for I-485 AoS applcaiton with my name as dependent (wife)husband's application when my husband's PD is current then what would happen to my GC filing which i filed seperatly. Is it revocked/ cancelled. How to deal with my GC filing in this scenario?

 

 

Thank you

 

 

 

 

 

[pontevecchio]

1. You can file for AOS when his dates are current. He can apply or AOS when your dates are current. Obviously it depends on whose PD is current first. It is not advisable to keep more than one application for AOS at one time.

 

2. Your GC process will continue till you have the GC either way. Once you have the GC any other GC process will then be terminated. You can only have the GC once.