gmang79

Hello all. My wife and are filing her I-485 . She can file AOS based on my pending I-485 (EB3 ROW (Rest of World)). We live in Indiana. Where should the applications for I-485, I-765, I-130 filed, USCIS Lockbox in Chicagor or Nebraska Service center. I am looking at the instructions on I-485 where to file sections and am not clear on which category she fits:

1. Does she fall under "Qualifiying derivative, family based beneficiary" and if so we should send the form to USCIS Lockbox in Chicago

or

2. Form I-485 is based on an underlying form I-140 Immigration petition for alien worker. Note she is not the primary applicant, I am and I had my forms filed last August. (if this is the case we should send it to Nebraska).

Thank you all.

Folinskyinla

H:

1. No.
2. Yes. BTW, she has your priority date. However, for filing HER application, YOU priority date must be current as of the May Visa Bulletin. Make sure to attach a copy of your I-797 receipts regarding the I-140 [and approval if applicable] and your I-485.

gmang79

Thank you for the quick response. Yes, she has my PD which will be current in May (Feb 24, 2006). Regarding your answer that was not my first guess, but I guess it makes sense. Knowing this would you say that on part 2 of the I-485 i should select

a) an Immigration petition giving me an immediately available immigrant visa number has been approved.

or
b) my spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa cateogry that allows derivative status for spouses and children.

Thanks!

dreamercon

you should choose (b).