Can I apply as depedent on my wife's I485 with pending AOS status ?

In general, you do not want multiple I-485 applications filed and pending for both you and your wife.  Procedurally it can be awkward and confusing to CIS as to which 485 should be processed. If you and your wife already filed 485 paperwork base don your approevd I-140, you may want to send notice to CIS that you now wish to have those 485s adjudicated based on her newly approved EB-1 I-140. This is known as an interfile request.  The applicant can request that a new priority date or a different visa petition be applied to an existing application. There is no specific format or form for this request, but it must be in writing. It must be sufficiently clear to provide the Service Center with sufficient information to make a determination that an earlier priority date or different visa classification can be applied to a pending adjustment application. As an example: The Principal husband and the derivative wife filed adjustment applications based upon the husband’s EB-3 petition with a priority date of January 1, 2005. Subsequent to the filing of the adjustment applications, the wife’s employer receives an approval notice for her EB-2 petition with a priority date of June 1, 2004. The Nebraska Service Center approved the adjustment applications by reversing the principal and derivative and allocating the EB-2 priority date of June 1, 2004, to the wife as the principal and the husband as the derivative. The applications were approved as soon as the wife’s EB-2 priority date became current. I have a memo from CIS that outlines this procedure.  Please feel free to contact me and I will e-mail it to you. Regards, Andrew M. Wilson, Esq. Serooite Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com Immigration Information LinkedIn Group