Employment Based I-485 pending Now Marriage Based?

T

testina

Registered Users (C)
Hello,

I am in a I-140 and I-485 pending status for my employment based green card petition. My I-140 and 485 were concurrently filed on Aug 27th, 2005. I've received AP and EAD in October. I received an email update telling me that they started processing my I-140 since Dec 8th, 2005.

I am from mainland China. So even if my 140 will be approved soon, I still need to wait for a visa number for 485.

My fiance who's a U.S. citizen and I are getting married in either Feb or March. So I am thinking whether I should change to marriage based petition after marriage. And if I do so, shall I withdraw my current petition or I shall just use the same A-number?

How long does it usually take from start to finish to get a green card through marriage in northern California right now? How much does it take? Is there any advantage or disadvantage using the same A-number as my employer based petition?

Anyone has any experience or knows about it?

Thank you very much!

M.
 
See Inline ...

testina said:
Hello,

I am in a I-140 and I-485 pending status for my employment based green card petition. My I-140 and 485 were concurrently filed on Aug 27th, 2005. I've received AP and EAD in October. I received an email update telling me that they started processing my I-140 since Dec 8th, 2005.

I am from mainland China. So even if my 140 will be approved soon, I still need to wait for a visa number for 485.

My fiance who's a U.S. citizen and I are getting married in either Feb or March. So I am thinking whether I should change to marriage based petition after marriage. And if I do so, shall I withdraw my current petition or I shall just use the same A-number?
... You don't need to. It's upto you. You can have multiple I-485 application pending at the same time.


How long does it usually take from start to finish to get a green card through marriage in northern California right now?
... In north-east, it takes over a year.
How much does it take?
... Time & a lot of time ...
Is there any advantage or disadvantage using the same A-number as my employer based petition?
... If you provide A# in the new application, it's easier for USCIS to associate your new case with pending one.


Anyone has any experience or knows about it?

Thank you very much!

M.
Click to expand...
 
Hi Thanks.

It's just my emloyment based petition attorney told me that it may be slower if I use the same A-number coz they need to pull information from one office to the other and to go through the old case to get an idea of how and what happened. It makes a little sense to me but I dont know if that is really the case. Plus redoing the whole thing takes more money...but if it'd cause trouble I would not care those money. Kind of dont know what to do now.

Thank you so much!

M.
 
Your lawyer may be right. Time do get wasted during file/information transfers.

But at the same time, you may benefit if USCIS decides not to do "name check"/"security clearance" second time.

testina said:
Hi Thanks.

It's just my emloyment based petition attorney told me that it may be slower if I use the same A-number coz they need to pull information from one office to the other and to go through the old case to get an idea of how and what happened. It makes a little sense to me but I dont know if that is really the case. Plus redoing the whole thing takes more money...but if it'd cause trouble I would not care those money. Kind of dont know what to do now.

Thank you so much!

M.
Click to expand...
 
usnycus said:
...
But at the same time, you may benefit if USCIS decides not to do "name check"/"security clearance" second time.
Click to expand...

Oh yes? So you think the name check/security clearance will be done prior to a I-485 processing? It's most likely that my status would be I140 approved, 485 pending by the time that I submit a family based petition.

Any idea?

Thanks so much, usnycus! =)
 
Normally, name check is done after I-140 approval and before I-485 approval. But, these days USCIS is processing I-140 in a month or two. Looks like your PD is current and I won't be surprised if USCIS starts working on I-485 within a month and sends you FP notice.

testina said:
Oh yes? So you think the name check/security clearance will be done prior to a I-485 processing? It's most likely that my status would be I140 approved, 485 pending by the time that I submit a family based petition.

Any idea?

Thanks so much, usnycus! =)
Click to expand...
 
usnycus said:
Normally, name check is done after I-140 approval and before I-485 approval. But, these days USCIS is processing I-140 in a month or two. Looks like your PD is current and I won't be surprised if USCIS starts working on I-485 within a month and sends you FP notice.
Click to expand...


Thanks, usnycus.

My 485 & 140 RD is 8/22/2005, ND is 8/27/2005. I got my FP and Biometrics done on 8/31/2005. My AP and EAD had been approved in late Sept and received in early October. LUD for I140 is 12/08/2005.

So do you think that they've done the name check and security clearance on me already?

Thank you,

M.
 
USCIS used to wait for I-140 approval in past before sending FP notice. Looks like USCIS have changed that practice. I won't be surprised if they have at-least initiated the name check process. With PD retrogress, resource spent on EB based application is minimal these days.

testina said:
Thanks, usnycus.

My 485 & 140 RD is 8/22/2005, ND is 8/27/2005. I got my FP and Biometrics done on 8/31/2005. My AP and EAD had been approved in late Sept and received in early October. LUD for I140 is 12/08/2005.

So do you think that they've done the name check and security clearance on me already?

Thank you,

M.
Click to expand...
 
usnycus said:
USCIS used to wait for I-140 approval in past before sending FP notice. Looks like USCIS have changed that practice. I won't be surprised if they have at-least initiated the name check process. With PD retrogress, resource spent on EB based application is minimal these days.
Click to expand...

yes, that makes sense to me.

So what I need to do is to:

use the same A number to file a:

I-130
G354A
and another I-485
and other supporting documents to our local INS office.

And then wait for interview notice.

Is that correct?

Thank you!

M.
 
You must log in or register to reply here.
Top