another GC file when 1st one pending

F

F1_H1_GC

Registered Users (C)
Hi all-
Can anyone experience their share or provide info about such thing:

Employment based GC(EB2) filed: July 06
EAD/AP recieved: Aug 06
EAD/AP renewed: Aug 07.
485 stuck in NC/Background check: March 07.

my spouse is US Citizen, can I file fresh GC family based? At what point I have to withdraw my pending GC? anyone done that or any suggestion they can provide? Can i file new EAD while using my current EAD (i left my employer who filed GC and now on AC21). any idea if family based GC is subject to same NC/bckgrund as my current case?

Appericaite your help

S.M.
 
Yes, family based GC may also be subject to name checks. Is this the only reason why you want to start a new petition so late in the game? I don't know if the name check is hit or miss such that another GC application would help.

You're in the lucky position where you have multiple ways to a GC and my understanding is you can pursue them all simultaneously and independently of one another (but someone correct me if I'm wrong).

Have you been married for more than 2 years? If not, you'll get a conditional family based GC and then have to deal with I-751 two years later ... in that case you might consider waiting out your EB name check to complete instead. (actually, at this point in the process, more than one and a half years should be good enough)
 
austriacus said:
Yes, family based GC may also be subject to name checks. Is this the only reason why you want to start a new petition so late in the game? ...............is point in the process, more than one and a half years should be good enough)
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Thx for reply,this is the only reason I want to start a new GC petition....forget luck..if I had one, I could've gotten my GC by now:p, but whatevr...I spent 7K for my EB2 (attorney fee & misc) and starting antohr GC petition will cost me 2k-4k (depending upn which route i'll take..self file or attorney again), but I do understand that my case will b vlunerable to same extent in family based gc-as compre to emplyment based for name/backgrund CHECK....now only ques to figure out is that if i can run 2 petition concurrent..and if so then till what point>>>>
some 1 please advice.

THKS
 
Actually you can't have two I-485s pending at the same time. They will eventually send you an RFE and ask you to withdraw one. You should try a WOM lawsuit instead. It seems to have worked for a lot of people.
 
Assuming the FBI haven't changed the namecheck algorithm, it seems like you'd be 100% certain to get stuck the second time around too.
 
nscagony said:
Actually you can't have two I-485s pending at the same time. They will eventually send you an RFE and ask you to withdraw one. You should try a WOM lawsuit instead. It seems to have worked for a lot of people.
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that's not true. You can have two I-485 pending, and at the time of the interview for one of them you will be offered to abandon the other (granted the first one is actually approved).
 
ok, i'm back again- this time with some execution plan- I confirmed with my lawyer and she said that I can have multiple concurrent peition (& basically same statement as LucyMO descirbed 1 post above),,,,,,, NOW!!!!!!!!!!!!

I have few ques regarding 1-130 filing. (might ask for 485 form too later on):
1)can I file just 130 now and 485+765+131 after few months ?(i dont want to invest everything together, if my employment base case will be adjucated in meanwhile then i'll loose all money paid for new peition:)

2)I was using my 131 to travel in/out of country so my current status is PAROLEE, Am I eligible to file I-130 at all? the instruction of 130 says that parole or entered w/o inspection are not eligible. I'm however legal through out my stay of 7+ years in USA.

3)In 130, do i have to mention my A#? I have A# assigned from my pending 485 (I'm in current EB2 category..not retrogreseed). or there's no need to mention it as employment based case is diffrnt frm family based?
4)can I send my 130 w/o I-864 just to start process and later prsent 864 at interview time? same ques for 693 medical when sending 485?

I'll really appericiate any help/ and valuble comments in this regard. I tried searching for these answers but couldnt find'em. Tried asking it frm attorneys but they wont talk w/o showing them money...i'm gona go do self-file this time,...just few confusion parts i need to clear which hopefully i'll do with your help.

Thanks again
 
1. Yes you can, but filing an I-130 only wouldn't help you much. It gives you no legal basis to stay and no interim employment benefits based on the FB petition. If you file a concurrent I-130/I-485 petition later, my understanding is it will take just as long as if you had to file I-485 only at that point.

2. Well, first of all, you wouldn't be filing I-130, it would be your spouse. I'm not aware that parolees can't file an I-130 application or a new AOS application. Perhaps you can elaborate?

3. I believe it would be the same A#.

4. I-864 is filed with I-485; same applies to I-693. Most likely you'd receive an RFE if you don't send in these documents. But there is also a small chance that your case will be denied if it doesn't contain sufficient initial evidence (at the discretion of the IO). I-693 doesn't take very long (maybe 3 weeks ... can be longer if you need vaccinations ... but you would have already done a I-693 for your EB application so I assume it will be about 3 weeks). I-864 can be fast or quick depending if you have a sponsor lined up. If you wait for an RFE, you'll have a 12-week time frame to find one, so the clock will be ticking. So unless you have a good reason (like your status is expiring, etc.), wait to submit a complete application.
 
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thks

thankyou for prompt reply & taking time to explain it for me, I tried to dig deeper over weekend to find following answer & mostly are same-
1_ You are correct in term that 130 alone is useless, so I guess i'll spend all 1500$ atonce then...

2_I believe A# stays same no matter how many peition you file- just like you said....I just couldnt find USCIS take on it..maybe somebody have some link to elaborate on this issue

3_ too be honest, I read it somewhere about parolee cant file 130 as it's a hanging status..i just cant find the source again to prove it.....130 instructions dont have clear answer or atleast i cannot drive from it...I guess i just have to take a shot by filing on parolee status and see what will happen

4_correct about 864 & 693....i'll self sponsor myself so it doesnt matter..only confusion is that 864 states that immigrant self sponsoring require proof that income will come from same source afterwards too...thing is that i'm contractor and do corp-corp based on my wife s-corp..so it's basically self employed....we just started this way so there's not yet enough financial documents to show that we'll be above poverty level....but hopefully I'll aligned something when submitting 864-

Thanks again.....
 
Hey F1_H1_GC, good luck with everything.
I'm in the same boat as you, only thing roles are reversed. I'm the US citizen and my wife is the going through with her EB adjustment. We decided to do the same thing you are doing and my question is, you know where they ask what is the person's status what you put?
My wife was F-1 now she has her EAD, what does that make her?
Does anyone have any insight into that would be helpful? Thanks

Also since she is working and we make nearly the amount can she "self sponsor" her income or whatever or should we just do it through me and call that a day?

Again many thanks
 
trinifella said:
My wife was F-1 now she has her EAD, what does that make her?
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Pending adjustment of status to permanent resident of the United States.

trinifella said:
Also since she is working and we make nearly the amount can she "self sponsor" her income or whatever or should we just do it through me and call that a day?
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It's probably easier through you. For her, you need to include additional proof that the income will continue from the same source after she adjusts to permanent resident.

Could you claim "zero income" even though you have income yourself? Probably yes ... the instructions ask for your earned income that you are using to meet the requirements of this form. But I don't think not mentioning your income has any bearing on the fact that your income and assets will be considered available to your wife as support through the I-864 contract.

Also, if all the income you're claiming is reported to you on W-2, you can file the simpler form I-864EZ.
 
Perfect thanks autriacus, I think it best to use my income. I think we might also include a job letter from her current job to show what she is making and that she will continue working after her status is adjusted.
 
trinifella, they are not actually that concerned if she can support herself. What they (and the law) wants to make sure is you, as her sponsor, can support her in the event she can't or chooses not to support herself. We didn't include my income on I-864 either (I suppose we showed it on our joint tax return). I think the I-864 instructions ask that you include the intending immigrant's income on I-864 only if your own is not high enough to meet the poverty guidelines. But, if it would make you feel better, I'm sure it would be ok to include it regardless. Probably the biggest reason why we decided not to include my income is so we could file the simpler I-864EZ ... "keep it simple, stupid".
 
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