I got my EAD and AP before getting married to US Citizen

[dhevi]

Hi,
I filed for GC in March 2005 through my employer. Currently I have my EAD and AP. I got married to a US citizen in March 2008. I was thinking if I can reapply for my GC (since my husband is US citizen) to speed up the process. If so how much of reqork has to be done since I already have my EAD and AP approved?
Thanks
Dhevi

[Jackolantern]

Everything has to be done again if you file another I-485 ... paperwork, medical, fingerprints, name check, etc.

What is your EB category? Are you from a heavily backlogged country like India or China? If not, it may be better to just save your time and money and keep the EB process going, then file the family-based I-130 only if something goes wrong with the EB process. The marriage-based interview can be tough especially for recently married people, and then they only give you a 2-year conditional green card to start with, forcing you to file another application with possibly another interview to get the 10-year card. Whereas with an EB green card you directly get the 10-year card.

Another strategy is to wait until you've almost completed 2 years of marriage, then file a marriage-based application if the EB green card has not been approved yet. If you've completed 2 years of marriage when the interview happens, you'll get a 10-year card once your case is approved.

[dhevi]

Thanks! I'm in EB2 and from India.

[Jackolantern]

So your PD is March 2005? EB2 India is at Feb 2004 now, and moved into 2006 for a while last year. So you are not very close to approval, but not terribly far away either. What you could do is have your wife go ahead and file the I-130 without the I-485. Then wait and watch the EB2 date movements while the I-130 is being processed.

Once the I-130 is approved, if it looks like the EB approval is going to take longer than you can tolerate, go ahead and file the marriage-based I-485 sometime next year. By that time you would have completed about 2 years of marriage .... the already approved I-130 gets that one thing out of the way and makes the rest of your case look a bit more credible, and completing 2 years of marriage gives you more time to accumulate evidence of having a genuine marriage as well as enabling you to directly get a 10-year unconditional green card.

[dhevi]

I have another question. Say if I leave the current process alone and in few months if I lose my job, what will happen? Should I leave the country or is there any form that I can file right away for family-based adjustment?

[kamand]

You can also interfile the pending I-485. Below is what you/your spouse needs to do.
1. Your spouse needs to send I-130 to USCIS and gets it approved. It will take 4 to 6 months.

2. After I-130 approval, You need to send a letter requesting to interfile new approved I-130 with pending I-485 along with the copy of I-485 receipt Notice, copy of I-130 Approval Notice, copy of marriage certificate, Completed form I-864 (Affidavit of support) and supporting documents for I-864.

[Jackolantern]

Hmmm ... I'm not so sure that I-485 interfiling can be done with 2 different kinds of cases (employment vs. marriage-based). I'll wait for others who have tried it to reply.

[Triple Citizen]

My understanding is, and I may be wrong, that two I-485s can be filed, but one cancels the other out when it is adjudicated.

Originally Posted by Jackolantern

Hmmm ... I'm not so sure that I-485 interfiling can be done with 2 different kinds of cases (employment vs. marriage-based). I'll wait for others who have tried it to reply.

[dhevi]

Thank you all so much!
I talked to a lawyer briefly over phone and was told there cannot be 2 I-485 at the same time. When the new I-485 is filed the old one has to be canceled.

I just confirmed with my employer that I'm in EB3. Given the current economy condition my job is not fully secured. So, I'm planning to switch to famiy based gc process.

Thank you all again for valid information

[TheRealCanadian]

Your other option is to do the marriage-based case via Consular Processing.

[Jackolantern]

Originally Posted by TheRealCanadian

Your other option is to do the marriage-based case via Consular Processing.

Which is a bad idea for somebody already working in the US, because switching to CP will cancel the I-485 and cancel the EAD.

[TheRealCanadian]

Originally Posted by Jackolantern

Which is a bad idea for somebody already working in the US, because switching to CP will cancel the I-485 and cancel the EAD.

They're not switching anything - the EB-485 remains intact. They're doing the marriage-based I-130 via CP. USCIS has said that filing an I-824 to switch to CP will cancel an I-485, but no I-824 needs to be filed in this situation.

[dhevi]

hmm... soon i'll start working with a lawyer. I'll consider all the options and ask about Consular Processing. I'll keep this thread updated on my progress. Probably it might be helpful to some one later.

Thanks!

[chopsie]

I am in EXACTLY the same situation. AOS Pending EB3 (india), i140 approved last month, married to USC in Dec 2008. Now looking at the condition of the economy and job situations, thinking of filiing thru my wife. I have been told (dont mark my workd please) to file I-130, I-485 (new), I-864, G325A and I-693 all together via immidiate family route and that it does NOT hinder anything with the EB GC. Then, just like it happened with the EB GC, i will get my finger printing etc appointment and within 6-9months call for the intervioew and hopefully get approved. the downside, as mentioned above is that after 2yrs i will have to go again for "renewal". Bigger question here is, I dont want anything filed via my employer to get messed up if i file all the forms again. Can someone with this experience shed some light on our dilemna? thanks in advance

[Jackolantern]

Originally Posted by TheRealCanadian

They're not switching anything - the EB-485 remains intact. They're doing the marriage-based I-130 via CP. USCIS has said that filing an I-824 to switch to CP will cancel an I-485, but no I-824 needs to be filed in this situation.

I-824 is not the only triggering event that can cause them to cancel one process or the other. Their policy is not to allow any individual to have both an active green card CP and I-485 at the same time. If you file I-485 after already requesting CP, they will cancel the CP. I would expect them to cancel the I-485 if CP is requested for the I-130.

[TheRealCanadian]

Originally Posted by Jackolantern

I-824 is not the only triggering event that can cause them to cancel one process or the other. Their policy is not to allow any individual to have both an active green card CP and I-485 at the same time. If you file I-485 after already requesting CP, they will cancel the CP. I would expect them to cancel the I-485 if CP is requested for the I-130.

That assumes a single immigrant visa petition, which is not the case here.