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Do I need to file a second I-485?

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  • Do I need to file a second I-485?

    I have an I-485 petition pending based on a NIW EB2 category. Since that application I married a US citizen. My wife is filing an I-130 for me. Do I need to file a second I-485 for this petition or can USCIS use the pending I-485 application?

    If I have to file a new I-485, what should I enter in the 'Non-immigrant visa number' section? I have an EAD and have used my Advance Parole to travel.

  • #2
    You should consult an attorney.
    This is my opinion and not legal advice.

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    • #3
      My understanding is that you file an I-485 after you get an approval on your case.

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      • #4
        I am facing the same situation as like you----but i filed i 485 through my wife as well.everything went ok as like interview and finger print and the officer even told me i would be getting my greencard in three weeks(this is through my wife).but after waiting one month i took a infopass and then the officer told me to withdraw my employer pending i 485application.I did sent a letter and i am still waiting for my greencard.
        thanks

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        • #5
          Its funny, the officer is supposed to ask you to withdraw any other pending I-485 during the interview. All I can suggest is at the time of interview, you must mention that to the officer.

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          • #6
            Thanks Daru for your reply---Yeah i should have told to the officer then that time-Now i sent a letter and waiting for the approval.But i do not have my EAD or Parole throught my family based petition.But i do have throught the employer-Is that the reason they are not senting that to me.My HIB visa expires in october 2010 and i have filed thie family based petition on feb.20th 2010.
            thanks

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