GC Dilemma - Question?

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vanlilly

Registered Users (C)
My spouse's company has applied for his GC after almost 6 years. He got his EAD card and advanced parole approved. When applying for the GC I haven't yet become a US citizen. Now that the employment based apps are in retrogression, i would like to apply for his GC based on my citizenship.

Questions:
1. How do we apply/change the already existing I-485? Note that the I-140 is still in progress. Can we at all change the application from EB to family based GC? If so what forms do we use and what is the process?
2. Or should we just go ahead and apply for I-130 and if asked in the form about other immigration process, inform about the I485 thro employment.

We are really confused and any kind of pointers will be greatly appreciated!

Thanks in advance!
:confused:
 
Thanks PraetorianXI

Thanks PraetorianXI!
Follow up question:
If we submit I-130 - an entirely new application, what would happen to the I-1485 through EB? Would the I-1485 or the I-130 be affected by each other? Would there be any adverse affects? At this point I know I-485 will take atleast 3 yrs for approval. But just want to make sure that I-130 will not be affected by I-485, although we are going to be honest in telling the govt. that we have I-485 in process in the I130 form.
 
If we submit I-130 - an entirely new application, what would happen to the I-1485 through EB? Would the I-1485 or the I-130 be affected by each other?
Click to expand...
nothing will happen to it, it will keep pending. Whichever one gets approved first...

I-485 based on marriage now takes several months to be approved, provided the person doesn't get stuck in an administrative processing.
 
Hello Everyone,
Another question - when submitting the 485 thro family based - do we need to put the A number from the employment based application?
 
it's been 4 months! you are just now filing???? your wife could have had a GC by now if you filed back in January....
 
Few more questions -
1. I am planning on filing for I-130 & 485 together. In the filing fee section in the link that PraetorianXI gave above - for 485 it says if you pay the newer fee(which is now ~$1050) we don't need to seperately pay for advanced parole and EAD if everything is filed together. Is that true?
2. Also if submitting the app together do we need to submit copies of the same set of documents seperately for I-130 and I-485?

Thanks guys for all your inputs! I should be submitting the application this weekend.
 
vanlilly said:
Few more questions -
1. I am planning on filing for I-130 & 485 together. In the filing fee section in the link that PraetorianXI gave above - for 485 it says if you pay the newer fee(which is now ~$1050) we don't need to seperately pay for advanced parole and EAD if everything is filed together. Is that true?
2. Also if submitting the app together do we need to submit copies of the same set of documents seperately for I-130 and I-485?

Thanks guys for all your inputs! I should be submitting the application this weekend.
Click to expand...

The fee for I-485 is $930 + $80 biometrics for $1010 and for the I-130 it's $355, so it's a grand total of $1365. No fee for either I-131 or I-765 since the I-485 was filed after July 30, 2007.

Yes - file the I-130 and I-485 as separate filings in the same package and give copies of whatever is needed for each one separately - so yes you would be sending multiple copies of the same thing (birth certificates, marriage certificates, ...), one for each file (I-130 and I-485).
 
contents of the covering letter

Hi ,
I am also in the same situation. My husband got his citizenship this month and so he can now apply 485 on family based. 1-130 was approved 3 years ago!

I have been in US maintaining my own legal status for the last 5 years, last year when the EB3 category became current I filed for I-140 and I485 through employment. But those are still pending.

Now my question is when filing for the family based 485 ,

1.in the covering letter should we mention that we had already filed one through
employment?
2. when should we withdraw the 485 through employment, at the time of interview should we tell it to the USCIS or should we withdraw after the interview?
3. what r the questions will USCIS ask in the interview.

Please advise

Thanks
ana
 
Thanks guys!
Ana_485: In the cover letter mention that there is a EB based GC in process along with the A number. As per my understanding the EB based GC will automatically cancel once you get your FB GC.
Please check the other threads here on the questions asked during the 485 interviews.
 
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