I-485 dual processsing?

[ws4fun]

My I-485 (EB2) was filed in Oct 2001 - I'm the primary applicant, my wife was added as secondary. I'm still waiting for finger print.

Now my wife's company is going to file I-485 for her as the primary applicant and will add me in as secondary.

Therefore, there will be 2 processes in INS regarding our case. I'm wondering if such a "dual processing" legal? Will this simultaneous filing (with husband and wife switching primary role) affect our case in any harms way?

Thank you.

[suomilainen]

No problem. Go for both of them. Whoever goes second should make sure to note in the I-485 application forms that both of you already have a file number (A# or Alien ID number) and another case pending.

[raju70]

Hi,
I have the same problem, filed my I485 in Nov2001 as a primary candidate, meanwhile my wife's I140 was approved on Dec2001. My wife approached her lawyer to file I485 on behalf of her. They advised that she don't need to do so. I saw some of the discussions advising that not to file multiple I485 which may lead in to reject on both the cases. So we stopped filling for the second I485 with my wife as Primary candidate. What did your lawyer said on your case? please let us know the process ,just to make sure all of us are on the right direction.

Thank You.

[ratinkus]

Dual Processing

I have applied for 485 with my spouse in June 2001. I got my 140 approved in Sept 2001 and I am confused if I should apply when 485 approval is pending with my spouse.

Let us discuss more about this issues and figure out the right thing to do. My attorney said that I can apply but I need to withdraw my other application with my spouse.

Can you check with your attorney and let us know.

[sgautam]

My wife's lawyer told her that when INS detects more than one application for the same applicant (they might not), ideally they are supposed to let the candidate know of it and ask him/her about which application he/she wants to pursue, eventually cancelling the one he/she does not want to continue with.
In not-so-ideal case, INS may decide on it's own about which application to continue with and which application to reject based on duplicate application.
It seems unlikely that INS will decide to reject both the applications.

[boardReader]

Alternative...

Although some lawyers have said that with 2 different primary 485 applicantions benefitting the same couple is ok, there is another better alternative possible to beat the odds.

File the second application for CP processing. That way you will have two branches of the govt. working for your PR.

Oh yeah, if you decide to file the 2nd 485, you have to use the same alien numbers assigned to the first case. So this means that the files will be linked and all issues (potential RFEs) will now get double attention. I would not risk that.
This is my opinion.

[ratinkus]

485 dual processing

There is a provision in 485 form where you have to mention whether you had applied for 485 in past. In that case you have to mention that you have applied before along with your spouse. Therefore, you are declaring dual processing.
I am not sure why it is not advisable to go for dual processing. Please clarify if any one knows the legal implication for dual processing.

[suomilainen]

Dual processing CP and I-485

Hi All-

If you file both cases, one for CP and one for I-485, you will likely get an RFE warning that you cannot apply for both at the same time, and asking which one you would like to withdraw.

You would then have to withdraw your request for CP, and then you would be right back where you started, with two I-485 cases.