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I am applying (Adjust. of Status; I-485) as a derivative applicant. My spouse has an approved I-140 (National Interest Waiver).

In the I-485 Instructions, page 10, section titled "Documentation of Your Immigrant Category", USCIS asks the derivative applicant (i.e, me) to provide a photocopy of 'the principal applicant’s petition'.

My question is what exactly should derivative applicant provide here?(i.e., how many pages of what?)

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You should provide a copy of the receipt or approval notice of the I-140 petition (since it's approved, you should provide the approval notice).

In addition, you need to provide evidence that the principal beneficiary is filing I-485 at the same time, or has already filed in the past. If the principal beneficiary is filing I-485 at the same time, just mail both I-485 in the same package and no further evidence is necessary; if the principal beneficiary has already filed I-485, then attach a copy of the I-485 receipt.

  • @morouzian: It shouldn't be necessary to include a visa bulletin (plus what matters is the month they receive it, which is not necessarily the month you send it). In the unlikely case they deny it incorrectly, you can challenge it then. Make sure you are looking at USCIS's chart as that determines when I-485 can be filed. EB2 is current for people born in all countries except Mainland China and India. You could mention in the cover letter that it is current if you want. If you are using cross-chargeability, then make sure to mention that. – user102008 Jan 27 '18 at 16:13
  • @morouzian: Well, you can only file I-485 in a month when the category is current, or the date in the chart for your category and country of birth is before your priority date. So in a month where the date in the chart is after your priority date, you cannot file. I mentioned USCIS's chart because the Dept of State visa bulletin has two charts, Final Action Date and Date for Filing, but USCIS only chooses one of the charts each month (which chart it chooses varies by month), and that's the chart that governs I-485 – user102008 Jan 28 '18 at 0:19
  • @morouzian: Put "D/S". – user102008 Jan 29 '18 at 4:43
  • @morouzian: Well what you write on your cover letter is up to you; there is no requirement to explain this stuff. You could say something like, I entered on X date and was admitted for "D/S" on my I-94, and here are my current and past I-20s I've had when in F-1 status. – user102008 Jan 29 '18 at 5:14
  • @rnorouzian: no – user102008 Feb 2 '18 at 2:21

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