EB vs. Marriage

N

nati309

Registered Users (C)
Please share your advice: I am waiting for my PD to become current (EB3) and for NC to be cleared. Doesn't seem like it is going to happen any time soon (my PD world is May 2003). I will be getting married to a US citizen soon. How does it change my status? Do I:

- have to re-apply with a new I-485 and start new FBI NC etc
- Keep my current job and wait for the current application to be approved
- can just change my status of I-485 and pick it up where I left it (without new NC etc). Have to have another interview (already had one for EB3)?

Your thoughts are appreciated.
 
nati309 said:
Please share your advice: I am waiting for my PD to become current (EB3) and for NC to be cleared. Doesn't seem like it is going to happen any time soon (my PD world is May 2003). I will be getting married to a US citizen soon. How does it change my status? Do I:

- have to re-apply with a new I-485 and start new FBI NC etc
- Keep my current job and wait for the current application to be approved
- can just change my status of I-485 and pick it up where I left it (without new NC etc). Have to have another interview (already had one for EB3)?

Your thoughts are appreciated.
Click to expand...


You can just continue on employment based GC. There is no problem.

For the marriage based cases no waiting time. It would be faster. Only problem is it is conditional GC, after three years you have to apply for removal of condition. But to be safer side apply I-130.
If EB case takes time you can go for CP also with I-130
 
Last edited by a moderator:
For marriage based cases you apply a new set of I-485 forms.
1. Yes, but I don't know if they will link your FBI name check with the one that is through employment.
2. It is your call.
3. At the end of the process of marriage based you must undergo an interview. Remember this interview is to demostrate that your marriage is bona fide so you must have documents that proof so like joint bank accounts/insurance/assets/lease or financial responsabilities.
The timeline depends on your local district office BUT all the paperwork must be send to Chicago Lockbox, in the forms you will find the correct address.
Normally the timeline goes from 6 - 12 months.
In marriage base if your spouse just apply the form I-130 is just a petition and doesn't give any status, but for immediate relative of USC you can apply concurrently (without waiting period for a visa number) the I-130 along with your I-485 packet.

For more info you can go to www.uscis.gov or to the marriage based forum in this same portal.

Good luck,
 
You must log in or register to reply here.
Top