Filing two 485 (Husband and Wife)


nycgc

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My priority date is May-2011 (EB2), wife priority date is Oct-2009 (EB2). We both are FTE's of two different companies. Is there any advantage of filing two 485's, one with my wife as primary and second one with myself as primary? I think two 485's will give us more flexibility with future job situations (if one of us looses the job or stop working, we can continue on with other persons 485). Please share your thoughts. 

As per some forum posts, USCIS will merge both cases at the time of approving the one that has the earliest priority date, so as far as the processing is concerned, it shouldn't cause any delays.
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Hi JoeF - Can you provide the source of your info? I would like to know if there is any such law that prevents filing of two 485's one with myself as primary and wife as derivative and second one where my wife is primary and myself as derivative. Even though my wife has earlier priority date, my job situation is better so i don't want to be in situation where she looses her job and filing dates retrogress.

 

On a lighter note, i didn't know that USCIS is enforcing common sense not US law.

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They would be merged as one, and that will result in delays.

You can ask any competent immigration lawyer.

There can only be one underlying immigrant petition. You can change the underlying immigrant petition later if necessary. That's the proper procedure, known as interfiling.

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