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Correct Category for Derivative applicant I-485, I-140 based principal Applicant

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  • Correct Category for Derivative applicant I-485, I-140 based principal Applicant

    Hello All,

    I am currently in the process of doing the paperwork for AOS for my spouse as a derivative applicant
    I am the have a approved I-140 so employment based application

    Question is what is the right choice for Part 2 "Application Type of Filing Category"
    For the principal applicant, it would be 1b Alien worker, Form I-140

    The instructions state "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 does this mean I should choose the same for my spouse's application or should I choose 1g "Other eligibility" and mention something like "Derivative Applicant Of I-140 principal applicant" in the box

    Appreciate all the help.

    Thanks
    Last edited by aosimmmigrant2021; 10-15-2021, 09:59 PM.

  • #2
    The derivative beneficiary has the same category as the principal beneficiary

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by [B
      newacct[/B];n771562]Hello All,

      The derivative beneficiary has the same category as the principal beneficiary
      Thank you

      Comment

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