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Can I file for spouse's green card AOS at the same time as my for EB-1 AOS?

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  • Can I file for spouse's green card AOS at the same time as my for EB-1 AOS?

    I’m about to submit my adjustment of status for a EB-1 green card, but I’ve heard that it’s possible to concurrently submit an adjustment of status for my spouse at the same time, rather than waiting for mine to be approved and receiving my actual card. I’m consulting with an immigration lawyer later this week, but wanted to get your experiences:

    Is it true that I can file for my spouse at the same time? If so, what do I have to submit? I’m assuming that I’ll need to submit the I-130 and I-485 for her as well.

    Thanks in advance for any tips!

  • #2
    Yes, it is true. No, you do not submit I-130. Your spouse would submit an I-485 as your derivative beneficiary. This can either be filed together with your I-485, or be filed after your I-485 is filed, while it is pending, with a copy of your I-485 receipt.

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

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