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  #1  
Old 06-14-2010, 06:01 PM
jaffa jaffa is offline
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Default Tricky Situation - Need advice

Hi

My spouse's PD turned current as dates move in July. She has a 485 pending for a couple of years.

My 140 and 485 are pending for a while now and I'm on parole... gathering dust somewhere in some local office in Texas.

Can I apply as a derivative applicant using my wife's 485? Should that make my 140/485 application quaint?

Can I apply after my wife has her 485 approved?

Also, is it possible to transfer my 485 onto her application? Is this common and are there any circumstances in which USCIS may not permit this?

Thanks in advance for the help.
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Old 03-08-2011, 04:20 PM
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Old 03-08-2011, 06:29 PM
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Old 03-08-2011, 08:37 PM
Gleneveeneu Gleneveeneu is offline
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Old 03-08-2011, 10:46 PM
Gobhanildarn Gobhanildarn is offline
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Old 03-09-2011, 12:58 AM
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Old 03-09-2011, 03:11 AM
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Old 03-09-2011, 05:18 AM
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Old 03-09-2011, 12:03 PM
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Old 03-09-2011, 02:09 PM
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Old 03-09-2011, 02:21 PM
Guthorodnat Guthorodnat is offline
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  #12  
Old 03-10-2011, 11:17 AM
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Yes you can withdraw your 485 and file one as derivative of your spouse. Once you withdraw your 485 , your 140 should still remain valid if you need to use it (in case there is some problem with your spouse's case).
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  #13  
Old 03-10-2011, 04:42 PM
number30 number30 is offline
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Quote:
Originally Posted by krishmunn View Post
Yes you can withdraw your 485 and file one as derivative of your spouse. Once you withdraw your 485 , your 140 should still remain valid if you need to use it (in case there is some problem with your spouse's case).
He can apply second I-485 without withdrawing also.

Although . I am not sure in your case, but You can write a letter to USCIS asking to link you application to Spouse application. This is done in Family based applications frequently when the eligibility changes.

Other option is go for Consular processing immediately after the approval. Check if you can use Attorney certified I-140 (AC-140) which is much quicker in case of CP
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