Marriage and I-485

[calix]

Hello,

I am newby here, tried to browse the forums to find a case similar to my situation but could not locate anything relevant...so here is my question.

My fiancee and I both filed separate I-485 applications back in August (EB2). Since then we got married and I decided to quit my job in the coming months.

How difficult would it be for me to switch to her green card application now?
Do I need to do this before her I-485 gets approved?
Do we have to file an I-485 all over again? Will she be loosing her priority date?

Thanks in advance

[calix]

Hello,

I am newby here, tried to browse the forums to find a case similar to my situation but could not locate anything relevant...so here is my question.

My fiancee and I both filed separate I-485 applications back in August (EB2). Since then we got married and I decided to quit my job in the coming months.

How difficult would it be for me to switch to her green card application now?
Do I need to do this before her I-485 gets approved?
Do we have to file an I-485 all over again? Will she be loosing her priority date?

Thanks in advance

[Rough Neighbor]

What is your country of origin?

[calix]

Hi Rough Neighbor,

France both of us.

Thanks,

[Rough Neighbor]

The EB2 priority date for France is "C" or current, so you can apply a new I-485 as her dependent anytime. Or, if you resign, do you mean your own employer will revoke your I-140?

Another option is for you to stick with your job and after 180 days that your own I-485 application would have been pending, you can apply for portability (or transfer) to another willing employer to assume your pending petition without restarting the whole process.

[calix]

Hello Rough Neighbor,


>>The EB2 priority date for France is "C" or current, so you can apply a new I-485 as her dependent anytime.
Ok, anytime even after her I-485 gets approved or would that be a problem?

>>Or, if you resign, do you mean your own employer will revoke your I-140?
Yes, this is a possibility.

>>Another option is for you [...] you can apply for portability (or transfer) to another willing employer
Unfortunately this is not an option in our current situation.

Also I came across this thread
where the person overstayed because her I-485 was withdrawn before it got approved
"Some say I overstayed because the first I485 didn't result in green card and the 2 yrs protected by that I485 is the period that I overstayed"

My H1-B is expiring in 2 weeks, would I be running out of status if I withdrew my I-485 and switched over to my wife's application after my visa expires?


Thanks,

[Rough Neighbor]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by calix:
Hello Rough Neighbor,


&gt;&gt;The EB2 priority date for France is "C" or current, so you can apply a new I-485 as her dependent anytime.
Ok, anytime even after her I-485 gets approved or would that be a problem?

No. You could only file a "derivative AOS benefit" from her "before" the approval of her green card application. After the approval of her I-485, it will be another process. Please tell me at which stage it is now, before I give you my opinion.

&gt;&gt;Or, if you resign, do you mean your own employer will revoke your I-140?
Yes, this is a possibility.

So it's really a case under the bridge.

&gt;&gt;Another option is for you [...] you can apply for portability (or transfer) to another willing employer
Unfortunately this is not an option in our current situation.

Also I came across this thread
where the person overstayed because her I-485 was withdrawn before it got approved
"Some say I overstayed because the first I485 didn't result in green card and the 2 yrs protected by that I485 is the period that I overstayed"

My H1-B is expiring in 2 weeks, would I be running out of status if I withdrew my I-485 and switched over to my wife's application after my visa expires?

In my opinion, not necessarily. Your status is "bridged" by virtue of your own pending I-485 and un-revoked I-140 even beyond the expiration of your H-1B status. But timing is of the essence here. If anyway you're planning to file a derivative AOS based on your wife, do it right away, before you withdraw your own I-485.

Thanks, </div></BLOCKQUOTE>

[calix]

Hello Rough Neighbor,

&gt;&gt;Please tell me at which stage it is now, before I give you my opinion

We are both at the same stage i.e i-485 and I-140 filed in August (I am told the i-485 approval can take a while because a huge batch of application was filed last summer).
We got the receipt notices in November. We received the EAD card two weeks ago and we are now waiting for the advance parole.


&gt;&gt;After the approval of her I-485, it will be another process
OK, longer and much more complicated I assume?

&gt;&gt;If anyway you're planning to file a derivative AOS based on your wife, do it right away, before you withdraw your own I-485

Thanks for the advice.