How can I file a another I-485 as a dependent through my spouse while my I-485 application as a primary is still pending? - EB5Investors.com

How can I file a another I-485 as a dependent through my spouse while my I-485 application as a primary is still pending?

My I-485 filed through my employer has been pending for more than 180 days. It was current last year, but due to limited employment-based green cards, I could not receive my green card (2014) and the date has now been pushed back to 2012. Now I intend to apply through my spouse, who is already a green card holder. Can I simply apply through my spouse, or do I need to withdraw my current I-485 application? Are there any other steps or considerations?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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You can try and file a second adjustment application although USCIS now prefers that you transfer the underlying basis for the existing petition as explained on their website.

Daniel A Zeft

Daniel A Zeft

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You have an involved situation. You need a consultation appointment with an immigration attorney.

Julia Roussinova

Julia Roussinova

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If you are in valid nonimmigrant status in the US, your spouse can file I-130 and link it to your pending I-485.

Carolina Kripinski

Carolina Kripinski

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You could apply through your spouse. However, there are several matters to consider. How did your spouse obtain the green card? If it was employment-based, did she have you as a dependent beneficiary? Assuming she did not have you as a dependent/beneficiary, and since your spouse is only a green card holder, then you cannot apply right away for the I-485. Your spouse would need to petition for your first (via I-130) and once this case is approved, then you can apply for the I-485. We hope this helps.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

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A person can have more than one I-485 pending but discuss with your attorney regarding your eligibility to file.

Stephen Berman

Stephen Berman

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If you are in valid, nonimmigrant status yes, your spouse can file an I-130 and you can link it to your existing I-485. If not, no, she can file the I-130 but you cannot adjust based on it.

Lynne Feldman

Lynne Feldman

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You may have both cases pending simultaneously.

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