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My spouse and myself both filed our employment based green card applications back in October 2019. While my application landed with the National Benefits Center, hers went to the Texas Service Center and processed a lot faster than mine did.
Now in the meantime, my employer might be forcing me to leave before my 180 days for AC21 are over in April and so our attorney suggested that I could file a (second) parallel I-485 as the derivative of my spouses application.
From what I understand after reading through a few documents is that I can file my I-485 as her derivative while her case is still pending (case is currently "Ready to be scheduled for an interview") but I do wonder about the timeline and the interview.
Now in the meantime, my employer might be forcing me to leave before my 180 days for AC21 are over in April and so our attorney suggested that I could file a (second) parallel I-485 as the derivative of my spouses application.
From what I understand after reading through a few documents is that I can file my I-485 as her derivative while her case is still pending (case is currently "Ready to be scheduled for an interview") but I do wonder about the timeline and the interview.
- Let's assume her interview doesn't happen for another 1-2months and I'll be able to send in my I-485 application within the next 2 weeks - Will that still be a good enough timeline to file or not?
- How would this work out on her interview? Would I just have to join her for her interview or would I need to wait for my I-485 (as her derivative) to get an separate interview scheduled?
- The attorney mentioned that having two I-485's (one as derivative and one from my employment case) should not be a problem as long as I would mention during the interview that if this case gets approved, I'll withdraw the other. Is this the correct way of filing two parallel I-485's?
