Any issue Filing my 485 application although I have pending 485 with my wife’s application? (3 posts)

  • Profile picture of Rocky Rocky said 4 months, 1 week ago:

    I would need your suggestion if you or any of your friends come across this situation in your or their immigration journey.

    I filed my 485 application as derivative applicant with my spouse 485 application (PD as 8th NOV 2007 (EB2.I)). My PD is April 2008 (EB2.I) and it became current in JAN 2012 VB . I would like to know whether its good to file another 485 application in my scenario. I read in previous threads on this topic and in couple of other forums that it would be extremely expensive in terms of delay with getting an RFE and delay in approving our 485 applications besides to loosing some 1500+ USD. We need to ask officer to consider one application and abandon other 485 application with attorney’s drafted letter.

    My wife’s PD is six months earlier than mine and her PD would be helpful to both of us in getting the GC faster than my PD. I’m wondering if there is retrogression in coming months bulletin, dates become unavailable and I may loose a chance to file my 485 if there is any serious RFE with my wife’s case. I’m just worried as we had with this sluggish visa movement from past couple of years after July fiasco. I would also need to consider filing my 485 based on approval probability for my wife’s PD (Nov 2007)) with in next 7 to 8 months.

    Can any body predict the approval chance in next 6 months for the 485 application with PD of Nov 2007 in EB2India queue? Do you think it’s better to file my 485 too?

  • Profile picture of IRC Admin IRC Admin said 4 months, 1 week ago:

    Hi Rocky,

    It is the same dilemma many couples face: whether to be on the safe side by filing two sets of I-485 applications or stick with the earliest PD to avoid potential confusion. And there are plenty of people on either side of the debate.

    First of all, most EB cases come through without trouble. How many denied I-485 have you heard around you? Unless you have particular concerns about your case, or your wife’s job security is below average, your application will probably be with the majority and get approved when its time comes.

    The drawback of filing two sets of applications, in addition to costs, is that it may add confusion. You already have two I-485′s pending (one primary, one beneficiary) and USCIS must link them together. They often become separated as is. If you add another one, and potentially a fourth for you wife, the chances of somebody screwing up become higher. Don’t get me wrong, it can be done and many people do choose this route. But why bother if you don’t have to.

    In the end, you know your situation better than anyone, so you’ll have to assess your case and your risk tolerance to make a decision. Nobody knows what is going to happen down the road, so if I were you I’d just pick whatever I feel more comfortable right now, and see what happens. Good luck with everything!

  • Profile picture of Rocky Rocky said 4 months, 1 week ago:

    Thanks for your response. I would like to wait and see but I like to hear from gurus who can predict the approval probability in next 6 months for the 485 application of PD of Nov 2007.