Dr. William:

I obtained my Green Card recently before the visa retrogression. I want to submit an I-485 application to apply for Green Card for my wife who is now in United States as an accompanying spouse. Considering the current visa retrogression in my home country, I am not sure what date is her priority date?

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A: The priority date for your wife's Green Card application should be the same as your priority date, not her I-485 application submitting date, since the spouse's visa number availability is determined by the priority date of your I-140 petition. Considering the visa retrogression, your wife's application will be counted in the visa quota and the visa number must be available before her I-485 adjudication.