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I-485 Part 3B question.

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  • I-485 Part 3B question.

    Dear Gurus,
    Could you please help me with following issue.
    Recently I got approval of my I-140 form based on NIW. I am from Russia,
    so Priority Date for my application is current. I'm going to submit I-485, I-131 and I-765 package to USCIS, but have a question regarding what to file in a part 3b of my form I-485.
    We plan to submit my wife's I-485 (derivative status) and other forms a bit later in a separate package.
    So what should I put in part 3B of my I-485 form (it is a section about relatives, specifically I need to know should I answer "yes" or "no" to a question "Applying with you?").
    I am confused...My thoughts: if I put "no" I'm afraid USCIS will not accept her I-485 package in the future. If I put "yes" USCIS will try to find paperwork for my wife in my package, which will be obviously absent since she will send her I-485 package later.....
    Please help me to clarify this.
    Thank you very much in advance!

  • #2
    Dear Gurus,
    Could you please help me with following issue.
    Recently I got approval of my I-140 form based on NIW. I am from Russia,
    so Priority Date for my application is current. I'm going to submit I-485, I-131 and I-765 package to USCIS, but have a question regarding what to file in a part 3b of my form I-485.
    We plan to submit my wife's I-485 (derivative status) and other forms a bit later in a separate package.
    So what should I put in part 3B of my I-485 form (it is a section about relatives, specifically I need to know should I answer "yes" or "no" to a question "Applying with you?").
    I am confused...My thoughts: if I put "no" I'm afraid USCIS will not accept her I-485 package in the future. If I put "yes" USCIS will try to find paperwork for my wife in my package, which will be obviously absent since she will send her I-485 package later.....
    Please help me to clarify this.
    Thank you very much in advance!

    Comment


    • #3
      Hi Alne & welcome,

      Check this out:

      http://www.pengweber.com/green...oncurrentFiling.html

      Is there a reason you don't want to submit the I-485 for your spouse? It would seem to be an easier route if everything is filed together.

      In any case, good luck!

      Comment


      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">I'm going to submit I-485, I-131 and I-765 package to USCIS </div></BLOCKQUOTE>
        Also, submit along with above foms, I-864 and Medicals.

        Comment


        • #5
          Alne,

          If I were you, I would do my best to file the AOS application for my spouse together with mine in such a scenario that you've given.

          If you have an approved I-140 based on NIW then your petition must be under EB-2 or EB-1 category and hence your preference is "C"urrent as you know.

          The problem of a filing delay for her is that there's a big possibility that you may became a permanent resident very soon. Then she would not gain a derivative benefit from you anymore. She would fall under second family sponsored preference (F-2A / Spouses & Children of LPRs).


          Tak,

          You're right, the OP needs to submit I-693 (Medicals) but sorry, normally, no I-864 (Affidavit) is required for employment-based AOS nowadays. It used to be required before in rare cases where the petitioner and alien were relatives, but now petitions involving relatives are scrutinized as early as in laborcert/PERM processing stage and widely blocked by USCIS during the I-140 adjudication.

          Comment



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