2 I-485?

S

shas123

Registered Users (C)
Guys I really appreciate your comment on this, I have a pending 485 based on employment for about 4 years now and working on my 5th EAD. With recent visa changes I am not sure how much longer it’s going to take for the approval. 2 years back I got married to USC. Do you think I can file two 485’s at the same time, one is already pending and the other based on marriage?

Cheers
 
Yes go ahead

You can. I have a gone sour application based on employment since 2003 and one based on marriage to USC pending since this month. What I hope is them expediting our cases since we have another AOS pending and we already passed or at least in my case passed the thorough background checks.

Good Luck and file ASAP. You dont wanna fall out of status.
 
2 concurrent AOS applications.

Shas,
After thinking a little bit longer about your case. I think you might wanna wait until you see the I-485 outcome. On a worst case scenario and I pray god to not, if it gets denied, you can still appeal it where your case is sent to the appeals office in DC. Then go ahead and file a marriage based application.

If you have any questions. do not hesitate to ask. Been there, done that.
 
Sam, thanks for the reply. Pardon my ignorance but did you go through the lawyer to file the paper work or did by yourself. If you did yourself can you tell me where can start and what is the paper work involved

Cheers


Sam877 said:
You can. I have a gone sour application based on employment since 2003 and one based on marriage to USC pending since this month. What I hope is them expediting our cases since we have another AOS pending and we already passed or at least in my case passed the thorough background checks.

Good Luck and file ASAP. You dont wanna fall out of status.
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Why lawyer? I think we are educated and can clearly read and analyze Immig forms.
What would you like to do now? Are you thinking about filing based on marriage to USC? I am online all day long. Let me know. And I'll help you start this process.
 
There is nothing wrong with having 2 pending I-485s. In fact now you are married to a USC, I would recommend filing I-485 through them as it would be much quicker. That said, if you feel your work based I-485 is close to approval, it might be a waste of money to file a marriage based application as well.

You can certainly file I-485 without a lawyer, many on here have done (including myself) with great success.
 
Dr Ilha,
I was going to suggest that he files an I-130 only first and sit on it, so in case the I-485 based on Employ. does not go well, then he can adjust anytime attaching his older PD (priority date) I-130.

I don't think Shas is gonna fall out of status even if I-485 gets denied since he still got the appeal option. For sure he s saving on $1000 that penalty.

When my employment based I-485 got denied in 2005, I called the 800# and spoke to an immigration officer about employment with EAD since I was going to appeal and she told that the law "can be misconstrued", i am quoting her. I kept on working with EAD, once my case went to appeals office, my I-485 became live again and I was able to apply for a new EAD.
 
There's not much point in filing an I-130 first, IMHO. As I-130 and I-485 can be filed concurrently now, there's no benefit to filing I-130 early. Also an approved I-130 does not confer any legal status on the person.

If the OP does as you suggests and waits for the outcome of their employment based I-485 before filing marriage based AOS, they might as well hold off on filing all of it.
 
Guys thank you very much for your advice. Really appreciate it. I just have one more question, if I file 485 AOS based on the marriage to USC , is it going void my current EAD based on pending 485? Do you think I have to stop working temporarily until the new EAD based on the new AOS. This is the only thing that I am afraid of otherwise I want to get the paper work complete and FedEx to the local office.

Cheers


dr_lha said:
There's not much point in filing an I-130 first, IMHO. As I-130 and I-485 can be filed concurrently now, there's no benefit to filing I-130 early. Also an approved I-130 does not confer any legal status on the person.

If the OP does as you suggests and waits for the outcome of their employment based I-485 before filing marriage based AOS, they might as well hold off on filing all of it.
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Shas,
Dont worry, if what you said in previous posts is accurate, just go on with your life. Do not change anything. And apply for adjustment of status based on your spouse. Do not send your application to your local office, check the I-485 to see the address where you can send it since it depends on the state or US territory where you reside. (Example: I sent mine to the Chicago Lockbox since i live in Virginia).

Start with the doctor first (Medical), take your old Medical form with you from when you adjusted in 03. Check the uscis website to get the list of doctors authorized in your community. This process takes 2-3 business days. Do your joint taxes for 2006 since you need copies of your tax returns. If your spouse is making decent salary, instead of filing I-864, go with I-864 EZ version, downloadable online at the USCIS website. Check out also the poverty guidelines I-864P.

Dr Iha, what do you think?

Let me know for more info.
 
shas123 said:
Guys thank you very much for your advice. Really appreciate it. I just have one more question, if I file 485 AOS based on the marriage to USC , is it going void my current EAD based on pending 485?
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I can't see why it would, but I'll hold my hands up here and admit: I don't know.
Do you think I have to stop working temporarily until the new EAD based on the new AOS. This is the only thing that I am afraid of otherwise I want to get the paper work complete and FedEx to the local office.
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Nah! I wouldn't ever advise someone to do that. For one thing, even if your EAD becomes invalid, and you work "illegally", USCIS can't hold that against you if you're filing for a Green Card based on marriage.

BTW - you FedEx/post your application to the Chicago Lockbox, not your local office.
 
Thanks for clarifying that Dr lha, Sam. So I guess would do the medicals first as Sam suggested and send I-130, I-131, I-485, I-693 (Medical Exam), I-765, I-864, , G-325A to Chicago lockbox. Hopefully I will see my green sooner ;-)

Cheers
 
i guess i am bit late but i noticed in the 1-130 form, 10) Alien Registration Number # should i just leave this blank or use the old A# the one with pending 485?
 
Shas,
Put the A number you have now. For medical by the way, see if doctor would accept insurance. One of my buddies could but not me. It does not hurt to ask.
 
I waited for my Employment I-485 approval but now it is transferred to PA and i am not sure when they going approve it. I think i am going file family based application and need your help. I filling my 765 and have question # 16

Eligibility under 8 CFR 274a.12 Is this C (0) (9) ?
Please suggest

Cheers
Shas
 
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