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Receipt tracker of 485, EAD and AP applications Track receipt notices, checks and processing delays in 485, EAD and AP petitions.

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  #1 (permalink)  
Old 03-29-2015, 05:13 PM
Junior Member
Priority Date
:
Category
:
EB1B
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
04/07/2015
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Join Date: Mar 2015
Posts: 7
sree2015 is on a distinguished road
Default Can I file my spouse's I 485 later when my I 485 application is pending?

My I 140 is approved in EB1 and I want to file my I485 ASAP. It will take upto 30-40days to get my husband's nonavailability of birth certificate/BC.My husband is listed as a dependent in my I140 application and he has his on H1B and continued employment from his employer. Is it necessary to apply the applicant and the spouse together or can they be filed separately?

1. Can he apply later, say, 1 month after my I485 filing or when my I485 is still pending? I assume that I 485 may take minimum 3 months to get approved.
2. Can he still file as my derivative if we could not file his application in couple months and meanwhile my GC get approved.

Thanks for every one , please share if you have any information
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  #2 (permalink)  
Old 03-30-2015, 07:48 AM
Senior Member
Priority Date
:
Jan-11
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Jan 2015
Posts: 628
DMX17 is just really nice DMX17 is just really nice DMX17 is just really nice DMX17 is just really nice DMX17 is just really nice
Default

I suggest you and your spouse wait and file together. 30-40 days of delay is nothing.

If you file now and if your GC is approved immediately, your spouse may not be able to file since the primary case 485 is not pending. Better to not take the chance.
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  #3 (permalink)  
Old 03-30-2015, 11:05 AM
Junior Member
Priority Date
:
Category
:
EB1B
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
04/07/2015
Compare
Join Date: Mar 2015
Posts: 7
sree2015 is on a distinguished road
Default

Thanks DMX17
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