AOS filed but marrying a US citizen

O

ozzy100

Registered Users (C)
I am currently on an H1-B extension. My employer has applied for a Green Card. Labor Certification is approved and my PD is December 2003. Just recently filed for I-190 and I-485 concurrently.

Now, me and my US citizen fiance have decided to get married in a couple of months. What would be the best course of action? Am I allowed to apply for Green Card through my soon-to-be-spouse? In that case, should I ask my employer to withdraw my I-190/I485 applications? Can you please advise on my situation?

Any help or advice is greatly appreciated.

Thanks in advance.
 
Yes you are allowed to apply for AOS based on your marriage to a US citizen. I would advise you to keep both processes running in parallel until one is up for final adjudication.
 
Thanks for the response. I thought it will ask you if you have another application pending, is this correct?
 
Yes...when filling for your 765 and 485 there are some question will have to answer and since you already have your A# you will need put the same one. I have two applications pending one Employment which i have been waiting for 6 years and nothing happened...just a months back i filled another application based on the marriage and here i am with an interview letter...words can't explain the pain of going through Employment based GC...Good luck
 
Thanks for your help. Yes, I have faced the same pain, it has been a long 6 years. Actually, it was so frustrating that I was prepared to go back my country of origin.

I am also thinking of changing my job in the near future. How long is the wait till I can change my employer with the marriage process?

Appreciate your help.
 
You would need to file for I-765 along with your other applications such as I-130, I-131 (if you are planning on traveling outside US), I-864 and the medicals..etc. Most of the time you get your GC approved by the time you get your EAD. But the max so far I have seen this forum is 3 months to get your EAD approved.

Good luck and act quick before new fees
 
He need an EAD to change the job otherwise he needs to look for another H1 B which of course is pain in the neck and has to stay with that newly sponsored company
 
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