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Filing I-140/485 ,with spouse separate?

Filing I-140/485 ,with spouse separate?

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Old Aug 23rd 2005, 3:19 pm
  #1  
the G
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Default Filing I-140/485 ,with spouse separate?

Hello gurus
I am going to file I-140 and I 485 for myself.

My wife did not get her Birth Certificate from home country.
so can i file the derivative as soon as she gets the certificate??while
i go ahead and file both.

ALso Can i File I-140 first and wait till she gets her Birth
Certificate(she is supposed to get by sept 7) and apply I-485 along
with her??

Can I file EAD/AOS documents also along with that for both of us.or can
do it separate for the derivatives.

what are the best options considering EB2 retro and other conditions.

let me know
thanks
 
Old Aug 23rd 2005, 10:14 pm
  #2  
Ingo Pakleppa
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Default Re: Filing I-140/485 ,with spouse separate?

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the G wrote:

    > Hello gurus
    > I am going to file I-140 and I 485 for myself.
    >
    > My wife did not get her Birth Certificate from home country.
    > so can i file the derivative as soon as she gets the certificate??while
    > i go ahead and file both.

Yes, this is permitted. You would have to include a copy of your own I-140
and I-485 receipt notices with her case. There may be some SNAFUs in USCIS
internal processing because you are doing something unusual, but that's not
really your problem.

Do keep in mind that she may not be able to file the I-485 for a while if
the priority date retrogresses, so you want to do this as quick as you can.
Still your strategy of filing your own I-485 right away seems sound to me.

    > ALso Can i File I-140 first and wait till she gets her Birth
    > Certificate(she is supposed to get by sept 7) and apply I-485 along
    > with her??

You can do that, too.

    > Can I file EAD/AOS documents also along with that for both of us.or can
    > do it separate for the derivatives.

You have to file the EAD and A/P with (or after) the I-485 for the same
person is filed. That is, she can't apply for it until her I-485 is filed.

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