Filing Caterogy in i-485 for Spouse of NIW Employment-based applicant

[PaulC]

Hello,

Part2 of i485 requires the applicant to fill the category and there is a myriad of options in there. What should the spouse of an i-140 applicant for EB-2 with NIW and concurrent filing (employment-based) fill in there?

In the instructions, I can see this:

A principal applicant’s spouse and children, who are not beneficiaries of their own immigrant petition, may be eligible to apply for adjustment under the same immigrant category as the principal applicant

So, according to this, the spouse can choose the Employment-based category, but that doesn't make any sense, since it's more family-based. Does anyone have any experience with this?

Also, if the spouse selects Employment-based, should he/she send an i140 as well?

[newacct]

Hello,

Part2 of i485 requires the applicant to fill the category and there is a myriad of options in there. What should the spouse of an i-140 applicant for EB-2 with NIW and concurrent filing (employment-based) fill in there?

In the instructions, I can see this:

A principal applicant’s spouse and children, who are not beneficiaries of their own immigrant petition, may be eligible to apply for adjustment under the same immigrant category as the principal applicant

So, according to this, the spouse can choose the Employment-based category, but that doesn't make any sense, since it's more family-based. Does anyone have any experience with this?

It's the same as the principal beneficiary, i.e. employment-based.

Also, if the spouse selects Employment-based, should he/she send an i140 as well?

No.

A derivative beneficiary's I-485 is either filed together with the principal beneficiary's I-485, or filed with a copy of the principal beneficiary's I-485 receipt

[PaulC]

It's the same as the principal beneficiary, i.e. employment-based.


No.

A derivative beneficiary's I-485 is either filed together with the principal beneficiary's I-485, or filed with a copy of the principal beneficiary's I-485 receipt

Thank you so much!