EB based 485 pending but marrying a US citizen.

J

jish

Registered Users (C)
A question for my friend.
His 140 is approved and not from one of the retrogressed countries.He is about to marry a US citizen. Is it a good idea for him to cancel his pending 485 EB based petition and take the family petition thru the spouse.
By marrying an US citizen will it automatically invalidate his pending 485 petition which is EB based.

Any thoughts, experts ??
 
jish said:
A question for my friend.
His 140 is approved and not from one of the retrogressed countries.He is about to marry a US citizen. Is it a good idea for him to cancel his pending 485 EB based petition and take the family petition thru the spouse.
By marrying an US citizen will it automatically invalidate his pending 485 petition which is EB based.

Any thoughts, experts ??
Click to expand...

He does not need to cancel his I-485 and neither will it automatically be cancelled based on the marriage to a citizen. These days it takes 1-2 years even for marriage based 485's to be adjudicated so he should definitly not cancel his EB I-485. He can, as a back up, apply for I-485 based on the marriage. It is possible (irrespective of what others may let you beleive), to file multiple I-485's.
 
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jish said:
A question for my friend.
His 140 is approved and not from one of the retrogressed countries.He is about to marry a US citizen. Is it a good idea for him to cancel his pending 485 EB based petition and take the family petition thru the spouse.
... No.


By marrying an US citizen will it automatically invalidate his pending 485 petition which is EB based.
...As "serta2002" poited out, file another I-485/130 and use that as a backup. You don't need to but just-in-case things gets changed for his EB petition.

Any thoughts, experts ??
Click to expand...
 
Appreciate your response guys. So,a pragmatic approach would be hold on to 2 petitions.
 
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