485 Denied & unmarried, is Consular Processing a wise choice?

A

arouncoumar

Registered Users (C)
I am EB3 India, PD is Sep-2001. My 485 was denied based on clerical error. We are 100% sure of the case getting reopened.

Anyways, here is my catch. When they reopen 485, they could issue my GC on the same day as PD is current. This is a problem as I am unmarried. It might take me 3-6 to finalize that situation. And I am restricited to travel to India till the case is reopened. So, I could face a risk of my wife having to stay overseas 2-5 yrs if GC is approved before marriage.

So, I was wondering about CP & abandon 485.
1. Is this wise?
2. How long CP takes? If its less than 6 months, my current employer can still have me in the payroll but if its more than 1+ yr, things are uncertain.
3. BTW, I did AC21 and present employer is different from I140 sponsoring employer. Is that a problem

Thanks.
 
arouncoumar said:
I am EB3 India, PD is Sep-2001. My 485 was denied based on clerical error. We are 100% sure of the case getting reopened.

Anyways, here is my catch. When they reopen 485, they could issue my GC on the same day as PD is current. This is a problem as I am unmarried. It might take me 3-6 to finalize that situation. And I am restricited to travel to India till the case is reopened. So, I could face a risk of my wife having to stay overseas 2-5 yrs if GC is approved before marriage.

So, I was wondering about CP & abandon 485.
1. Is this wise?
2. How long CP takes? If its less than 6 months, my current employer can still have me in the payroll but if its more than 1+ yr, things are uncertain.
3. BTW, I did AC21 and present employer is different from I140 sponsoring employer. Is that a problem

Thanks.
Click to expand...

with CP option no AC21, no EAD ,no AP and no appeal.
 
As CP is ruled out, I have to reopen 485. In that case, when 485 is reopened, there could be 2 outcomes:
* GC is approved immediately as I have given my FPs and PD is current. In this case, I wont be able to travel for marriage. So, hope the rapid progress in F2A continues and apply for spouse in that category. If the F2A retrogresses, its worst case.
* GC takes a while to get approved. Meanwhile apply for regular/emergency AP, travel to India for marriage, get married before GC, then do follow-to-join. Probably safer scenario, but unlikely to happen.

Please share your thoughts.
 
UPDATE
=====
CP was ruled out as I invoked AC21. So, MTR was the only option. I filed it 2 weeks ago and recieved 485 approval mail. With regards to spouse travel, hope F2A progression continues.
 
I had asked for FP reschedule. They gave me one and denied saying I didn't ask for one. Contradictory!! Filed MTR with necessary proof indicating a clerical error.
 
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