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
Immigration attorneysYou 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
Immigration attorneysYou have an involved situation. You need a consultation appointment with an immigration attorney.
Julia Roussinova
Immigration attorneysIf 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
Immigration attorneysYou 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
Immigration attorneysA person can have more than one I-485 pending but discuss with your attorney regarding your eligibility to file.
Stephen Berman
Immigration attorneysIf 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.
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