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Ramya_Ramanathan

How to get Husband's priority date for my I-485 application?

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Hello,

My Husband and I filed for our Green Cards separately since both our individual employers were ready to file for us. My Husband now has an approved I 485 and received his Green Card a few days back. My Priority date is May 13th 2009 in EB2 so the date isn't current yet and it might take another year or more for it to become current. My I-485 was filed in March 2012. 

Is there any way for me to inter file or get linked to my Husband's case to get his priority date and get my Green card any sooner? Please advise. Thanks. 

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Did your husband not claim you as a dependent when he filed I-485? In that case, you also should have gotten your GC along with his GC. 

If he didn't, that's a different scenario. Now that he got his GC. His case is closed. I don't think there is a way for you to now get advantage of his PD. You need to wait for your PD to get current.

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Why in the world didn't you file an I-485 as his dependent? You would have gotten your GC at the same time as your husband.

Geez. Did you not have lawyers? Did the lawyers not point this out???

If his date is still current, file an I-485 as his dependent NOW! You can do that since you were married before he got his GC.

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1. It seems what happened here is that both the husband and wife had separately filed GC cases through their respective employers. Thus, they each filed as the primary in their own I-485 cases. These cases would have included information about the other spouse, but, that would not change the priority date or the fact that each person filed as primary.

 

This is not a "screw up." It could well have been a purposely thought out decision, to provide the couple with two separate ways to get GCs, each case acting as a backup to the other.

 

2. Spouses are always eligible as each other's derivatives, as long as the marriage occured before the primary's GC was approved. So, it is NOT too late to be a derivative of the husband's case in this example.

 

--Thus, it is possible to request a conversion and interfiling after the spouse's approval.

 

3. Since the EB2 dates are expected to retrogress in November, there may not be enough time for everything to go through before the dates go backward.

The other thing that could be considered is to file the FB2A case, now that the husband is an LPR. That is backlogged, also, but since cut off dates are uncertain, it can be good to have multiple options.

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Call the 1-800 number, give them you I-485 first, then your husband's I-485 receipt number, and tell them you would like to switch eligibility to be his derivative (that would be a service request). They may issue an RFE for marriage certificate if one was not filed with I-485.

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