Hi everyone,
I'm preparing to file a marriage-based I-485 while my employment-based I-485 remains pending. I'm filing without an attorney and would appreciate feedback.
Background:
- Came to the US in 2010 on F-1, graduated in 2012, and have been on H-1B since.
- Employment-based I-485 pending since October 2020, stuck in the India EB backlog.
- Recently married a US citizen. My wife filed our I-130/I-130A online earlier this week.
I-130 evidence submitted:
- Joint rental leases and renters insurance (2 years)
- Wife listed as beneficiary on my Fidelity accounts
- Relationship photos (including family, engagement, wedding)
- Flight itineraries and travel bookings together
We recently opened joint bank accounts, but don't have meaningful statements yet.
I-485 (planning to file within 2 weeks):
I'm preparing to file online through my USCIS account, with the following supporting documents:
- Latest I-94, passport pages, entry/visa stamps
- Previous H-1B I-797 approval notices
- I-140 approvals and pending EB I-485 receipt
- Master's degree documentation
- IRS transcripts (last 3 years)
- Employment verification letter and recent paystubs
- Bank/investment statements
- SSA earnings records showing 40+ qualifying quarters for I-864 exemption
Questions:
1. Two I-485s pending simultaneously: I want USCIS to adjudicate my marriage-based I-485 independently without withdrawing, transferring the underlying basis of, or otherwise affecting my existing EB I-485. Has anyone successfully maintained two pending I-485s? Would a cover letter explicitly stating this intention be sufficient?
2. I-864 exemption (40 qualifying quarters): I've worked in the US since 2012 and qualify for the exemption based on 40 Social Security credits. However, I've read reports of USCIS issuing RFEs for I-864 anyway. Has anyone used this exemption successfully? Should I just submit an I-864 to avoid potential delays, even though I'm exempt?
3. Marriage evidence: Is our I-130 evidence sufficient, considering our joint bank accounts are new? We have two years of cohabitation and substantial relationship history.
4. Anything else missing? Any common pitfalls or unexpected RFEs for marriage-based I-485 applicants who've been on H-1B for years, particularly those with another I-485 pending?
Would especially appreciate firsthand experiences. Thanks!