Change EB Immigration to Family-Based?

[Little Rain]

Hi,

I get the dilema here. I am in the process of I-485. Just got married with my husband last week, who has American citizenship. He has been urging me to give up the employment-based green card application and start family-based green card application. I am so confused and worried how should I do? He also persuades me to change my current address and move in to his house. Is it a good idea to file the change of address since my 485 may be processed soon? And also my 6 years H1B will be expired at the end of February2005, shall I extend the 7th H1B or start using my EAD?

Thanks so much for everybody's comments.

 

[TheRealCanadian]

Just got married with my husband last week, who has American citizenship.

Congratulations!

He has been urging me to give up the employment-based green card application and start family-based green card application. I am so confused and worried how should I do?

I would suggest that he file an I-130 on your behalf. Once you have the receipt, you should attach a copy with a cover letter to VSC and say that you wish to have your I-485 processed based on your pending I-130, not your employer's I-140.

He also persuades me to change my current address and move in to his house. Is it a good idea to file the change of address since my 485 may be processed soon?

You would want to actually live with your husband, no? You are allowed to move, just make sure you file an AR-11 and change your address with VSC.

 

[Serenity_now!!!]

Hi,

I get the dilema here. I am in the process of I-485. Just got married with my husband last week, who has American citizenship. He has been urging me to give up the employment-based green card application and start family-based green card application. I am so confused and worried how should I do? He also persuades me to change my current address and move in to his house. Is it a good idea to file the change of address since my 485 may be processed soon? And also my 6 years H1B will be expired at the end of February2005, shall I extend the 7th H1B or start using my EAD?

Thanks so much for everybody's comments.

One of my friends got married last year with an american citizen. I spoke to him two days ago, he hasn’t got his GC yet. Looking at your signature, you might be getting your card soon.
In my opinion, if you file another petition now, you will be sent back in the queue.
And, changing the address, it might trigger the approval. Who knows?

 

[waiting!]

Hi,

I get the dilema here. I am in the process of I-485. Just got married with my husband last week, who has American citizenship. He has been urging me to give up the employment-based green card application and start family-based green card application. I am so confused and worried how should I do? He also persuades me to change my current address and move in to his house. Is it a good idea to file the change of address since my 485 may be processed soon? And also my 6 years H1B will be expired at the end of February2005, shall I extend the 7th H1B or start using my EAD?

Thanks so much for everybody's comments.

If you are anticipating an adjustment soon which seems likely looking at VSC approvals, I would not abandon the current petition. Changing an address is ok. Call them and give them change of address. It will be sticky if the two of you are in different cities and you got to quit your job to join him! The family based petition can take a year or more depending on the local processing center speed. Aslo, they will give you a temporary card for two years and then you will have to prove at the end of it that the marriage is still bonafied to get a permanent card!!

So if your current petion is straight forward and you do not anticipate RFE's etc (it is hard to predict them!) then the best alternative would be to wait it out! At least that is my opinion!

Congratulations on your marriage

Waiting!

 

[TheRealCanadian]

In my opinion, if you file another petition now, you will be sent back in the queue.

There is no need to file another I-485. Just file the I-130 and request that USCIS use it as the underlying basis for the pending I-485.

 

[dsatish]

You better continue the EB I485. Don't file I130. Just wait and watch for 6 months and if you feel that the EB I485 is going to be delayed by another 2 years, then only file I130. As for your H1 expiring in Feb'05 , you can continue working using the EAD.