Employment based GC, Back to school and marriage too!

M

maddunr

New Member
Hi,

My situation may seem odd to some people, but it's true nonetheless.

  • I have filed my I-485 (July 2007) through my current employer and have received my EAD (Sep 2007)
  • I am planning to go back to school to get my MBA next year Fall '08. I have just heard that this may jeopardize my GC application.
  • My fiance (US Citizen) and I are getting married in Aug '08.

Here's my question:
  1. In order to not miss out on going to school, should I apply for GC based on my marriage to her?
  2. Will this be seen as odd / suspicious?
  3. If we file for my GC through our marriage and assuming that I wil not have gotten my GC by the time I start school, what status will I be considered under for school?

I understand that my situation is complicated. I would greatly appreciate it if others with similar experience or additional insight could offer some suggestions.

Regards,
V
 
Well I guess it all depends how long USCIS take to process your employment-based GC application. If you quit your job and go back to school before getting your I-485 approval, you stand a reasonable risk of some very tough questioning down the road when you apply for citizenship.

In my opinion, you need to either remain with your current employer for at least 3 months after you get your GC, or change your application to family-based and follow that route.
 
maddunr said:
Hi,

My situation may seem odd to some people, but it's true nonetheless.

  • I have filed my I-485 (July 2007) through my current employer and have received my EAD (Sep 2007)
  • I am planning to go back to school to get my MBA next year Fall '08. I have just heard that this may jeopardize my GC application.
  • My fiance (US Citizen) and I are getting married in Aug '08.

Here's my question:
  1. In order to not miss out on going to school, should I apply for GC based on my marriage to her?
  2. Will this be seen as odd / suspicious?
  3. If we file for my GC through our marriage and assuming that I wil not have gotten my GC by the time I start school, what status will I be considered under for school?

I understand that my situation is complicated. I would greatly appreciate it if others with similar experience or additional insight could offer some suggestions.

Regards,
V
Click to expand...


Maddunr, go ahead apply I-130, 765, 485 and 854 and get medical done at the same time. Yes you can apply another 485 based on the marriage but you can only do after the marriage :) Marriage based AOS is 10 times faster than EB based. At the time of either one of 485 approval you can withdraw the pending one, CIS will give you that option. With marriage based you can attend the school but with employment based you will have to continue to work on EAD and attend school at the same time. The average time line for GC approval (assuming all supporting docs in place) is 4 to 6 months. Mine took 3 months exact. Good luck
 
thanks

Thank you both for your comments.

shas123, I filed for my AOS (I-485, EAD and AP) in July 07 and received my EAD two days ago. I am waiting for adjudication of my I-485.

You say your AOS took exactly 3 months. Can you please give me more information about your category? Was it EB / FB? If EB, which category - 1, 2 or 3? Which service center?

Thanks,
V
 
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