Linking spouse's 485 application with my 485

[SSNN]

Here's our situation:

Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.

My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.

My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.

Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?

[jsb]

Originally Posted by SSNN

Here's our situation:

Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.

My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.

My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.

Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?

Attorneys might have an answer based on their past experience. I believe it might be best to act by calling USCIS as soon as your PD gets Current. Note that they don't see files in sequence of PD's. They see them in sequence of filing. As your husband has filed earlier, it is possible that his file is seen first. Anyway, best seems to call USCIS as soon as your PD is current, and let them deal with it. It may not require withdrawing of 485, as it is just a case of reclassification from EB3 to EB3-Dependant.

Best..

[SSNN]

Should we wait until my PD becomes current, to try to link our aplications? Is that necessary? Is there any danger that my husband's 485 application might get lost if USCIS denies our request to link his case to mine now since my PD is not current?

Don't know if this matters, but just this week, I got a RFE for employment verification. We have now sent necessary documents as requested by the dept.

[stuckinretro]

When you filed for your 485's did you check the column and mentioned each other as dependents and mentioned each other's A#'s? If not each of your applications would be processed separately. When you replied to your RFE you should have written a letter to them about your husband's case.

Originally Posted by SSNN

Should we wait until my PD becomes current, to try to link our aplications? Is that necessary? Is there any danger that my husband's 485 application might get lost if USCIS denies our request to link his case to mine now since my PD is not current?

Don't know if this matters, but just this week, I got a RFE for employment verification. We have now sent necessary documents as requested by the dept.

[raysaikat]

Originally Posted by SSNN

Here's our situation:

Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.

My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.

My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.

Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?

Here is what I understand, but make sure you seek professional opinion before making any move.

He can simply submit another I-485 as the derivative of your application. Of course that can only happen when your PD becomes current. He does not have to withdraw his own application. If he gets GC as your derivative, his other I-485 will automatically become invalid.

[jsb]

Originally Posted by raysaikat

Here is what I understand, but make sure you seek professional opinion before making any move.

He can simply submit another I-485 as the derivative of your application. Of course that can only happen when your PD becomes current. He does not have to withdraw his own application. If he gets GC as your derivative, his other I-485 will automatically become invalid.

Sending a new 485 as derivative means new fee too. RFE suggests that case is active in some way. Therefore, there is no harm in sending a second letter about the relationship, including marriage certificates etc, with A# and Receipt # references of both (these are the only two references in their system, PD's are only on paper). Best..