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Spouse with different current dates and different EB category

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  • Spouse with different current dates and different EB category

    Hi,

    I-140 for both my wife and me have been filed separately. My filing will be under the EB2 category with a priority date of June 2020 while my wife's filing is under the EB1 category with a priority date of May 2021.

    Is there a way for me to join my wife's application so that I don't have to wait for my priority date to be current?


    Thanks!

  • #2
    Yes. You can do that when you file for AOS. Your I-140 (or application in general) has no bearing/role when you file for AOS with your wife (the principal applicant).

    This is not legal advice. Your lawyer can confirm this.
    EB1C India - MSC2190XXXXXX
    11/25/2020 - I485, I765, I131 sent to TX lockbox
    11/30/2020 - received at TX lockbox
    02/28/2021 - NOAs generated
    05/19/2021 - Bio done
    07/28/2021 - I485J fee waiver notice
    08/18/2021 - I765 - ordered new card
    08/30/2021 - RFE for BC+693
    09/22/2021 - GC in hand (primary)

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