863211老師, I asked you before. but still have question:
Here is our situation:I have 2 pending 485s: 1st 485 filed on july 2009 based my wife's I-140, EB3, priority date Nov. 1, 2005 (will be current in Aug.2012). this 485 filing includes ME & MY WIFE (2 persons). 2nd 485 filed on april 2012: based on my I-140. EB2, priority date sep.2, 2007 (currently unavailable). this 485 filing includes ME, MY WIFE & our DAUGHTER (3 persons, daughter was born in China, My daughter is current H4 dependent on me).
How can we combine/merge these two 485 together OR cancel the 1st 485 to avoiding the situation me and my wife's case were approved but our daughter lose her status.
863211老師's ANSWER: -You can not combine these two I-485 together and USCIS will approve one and deny another. So, your wife and you may just write a letter, respectively, to USCIS to withdraw the old I-485s. Describe the case in details in the letter such as when the I-485 was filed, receipt#, based on what I-140# (your I-485 was filed as your wife's I-485 as her derivative status), etc. and enclose copies of the I-485 and I-140 receipt.
Another choice is that your child can write a letter to USCIS to request the I-485 interfiling (I-485 relink) from your derivative status to her mother's dervative status and thus, you and your wife do not need to withdraw any I-485. Describe the cases in details (when filed, receipt#) in the letter about your I-485 (EB2), your wife's I-485 (Eb3) and your child I-485 and provide the copies of these three I-485s receipts. Also, follow up to make sure the interfiling is successful by calling regularly after requesting interfiling. I think this is the better choice.
if both of your and your wife's I-485s are approved, but your child's I-485 is denied, your child still can file a new I-485 based on your wife's approved I-485. So, nothing worried about.
MY NEW QUESTION: my laywer said it is nonsense to withdraw the 485s based on my wife's I-140 because me and my wife can get the green card earlier if USCIS approve the 2 485 and interfiling (I-485 relink) will get my case complicated and may not work. how do you think?
Now my laywer recommend us to file a new 485 for my daugter based on my wife's I-140 (which will be current in August 2012). Do you think this is a good way? My concern is if me and my wife's 485 get approved before UCCIS received daughter's new 485, will my daughter be out of status? if not, what is my daughter's status after me and my wife's 485 get approved (currently my daughter is H4 dependent on me)? How long it will take to get my daughter's 485 approved after me and my wife's 485 get approved?
THANKS SO MUCH FOR ANY KIND OF HELP!
