EB3 status considering GC through spouse

[tux78]

Hi All,

I recently got married to a GC holder who will be able to apply for citizenship in July 2012. In the mean time we are considering applying for GC through her GC.

I am currently in H1b in sixth year with a three year extension which will expire 2014. I have a I-140 approved from a previous employer. The current employer one will process GC (probably another EB3), around May 2012 when my first year here is over.

I was wondering if the gurus can suggest if submitting I-130 now through my wife is a good backup plan or not. I am just worried about the extra costs.

My current PD in EB3 is July 2009. If EB3 backlog stays the same and I start the new EB3 application in May 2012, I will probably get the GC around 2015. F2A also has backlog.

The attorney that I usually consult agreed to help me with all these. He is asking for a flat fee of $1000. Is that steep or common?

thanks for all the help.

 

[Jackolantern]

File the family-based I-130, it is definitely a good idea as a backup plan given how long your EB3 wait will be. You're not even eligible for AC21 (based on your PD you couldn't have filed I-485 yet), so your EB3 case is very fragile.

Then when your spouse becomes a citizen you can file the I-485 and get a green card a few months later.

You don't need an attorney for the I-130 unless you have some complications like a criminal record or immigration violations (which apparently you don't, given your recently extended H1B).

 

[tux78]

thanks for the reply!