GC from Employer & Citizenship from spouse ? Possible

D

DesiTech

Registered Users (C)
hi,

I was wondering if we can get EAD followed by GC thru Employement and then citizenship on spouse basis.

I'm married to GC holder: I-130 approved waiting for 485 to get current which may take other 3-4 years.

Employment: Labour & I-140 is approved waiting for 485 to get current which may take another 1-2 years.

So I was thinking to go ahead and continue with my employment based GC and finialy when my spouse becomes Citizenship (after 1yr from now) then after another 3 yr apply for my citizenship as if you married to citizen u can apply for citizenship after 3 yr.

Any advice or risks. ???

Thanks in advance.

:rolleyes:
 
DesiTech said:
hi,

I was wondering if we can get EAD followed by GC thru Employement and then citizenship on spouse basis.

I'm married to GC holder: I-130 approved waiting for 485 to get current which may take other 3-4 years.

Employment: Labour & I-140 is approved waiting for 485 to get current which may take another 1-2 years.

So I was thinking to go ahead and continue with my employment based GC and finialy when my spouse becomes Citizenship (after 1yr from now) then after another 3 yr apply for my citizenship as if you married to citizen u can apply for citizenship after 3 yr.

Any advice or risks. ???

Thanks in advance.

:rolleyes:
Click to expand...

You are aligible for applying citizenship in 2 years 9 months...
If you are married to a USC AND
Got your GC as the spouse of a USC AND
USC spouse has been a USC for atleast 3 years...

If you dont meet any of these requirements, you can file for citizenship in 5 years from the date your GC was approved.

If you get GC through employment, you need to wait 5 years before you can apply for citizenship. Being married to a USC will not make you eligible to file in 2Y 9M. You have satisfy all conditions mentioned above. So sorry... your plan wont work.
 
ari4u said:
. So sorry... your plan wont work.
Click to expand...

Thanks for writing. Okay in that case can I file 485 from employer and get benefit of EAD(working independently) and when my spouse become citizen after 1 yr or so cancel my current 485 thru emplyer and file new 485 thru spouse ? is that possible ?
 
DesiTech said:
Thanks for writing. Okay in that case can I file 485 from employer and get benefit of EAD(working independently) and when my spouse become citizen after 1 yr or so cancel my current 485 thru emplyer and file new 485 thru spouse ? is that possible ?
Click to expand...

It is your call what you wish to do with your I-485. If it was me, i would stick with the EB I-485 as it would get me the GC sooner as compare to the FB I-485.
 
Yes, but down the line for citizenship you have to wait for 2 extra yr if thru EB. Bcoz EB requires 5 yr on GC where as FB requires 3 yr.

No doubt GC would be achieve fast with EB but if I give that extra 6 mo - 12 mo. I can get it thru my spouse. ???? Whats your comments ??
 
If it takes an extra 12 months to get FB GC, then you are only talking about 1 year extra until you are eligible to apply for naturalization. Does not seem like such a big difference to me. It really depends on how desperate you are to get U.S. citizenship.
 
DesiTech said:
Yes, but down the line for citizenship you have to wait for 2 extra yr if thru EB. Bcoz EB requires 5 yr on GC where as FB requires 3 yr.

No doubt GC would be achieve fast with EB but if I give that extra 6 mo - 12 mo. I can get it thru my spouse. ???? Whats your comments ??
Click to expand...

It is like asking whether you want to skate-board to work or drive to work in your car. Both options will take you to the same place, but it depends on how much time you are willing to spend getting there.

One thing i can tell you for sure is that once you apply for I-485, you cannot control how long it takes for it to be approved. It might be approved even before your wife becomes a citizen or it might be stuck in name check. Sorry, cant help you more than this, your call...
 
Yeah I think you are correct ari4u thanks for everyone.

Yes that ... name check would end up longer specialy with my case for sure it has to go I belive ...lol.. Because first name start with M....hahah.

So I think I should stick to my H1 and apply 485 thru my spouse once she gets citizenship and go from there. Also I think I can ext. my H1 3 yr now since my i140 is approved ? So friends am I going on right direction. ;)
 
if your I140 is approved and you can not file I485 due to retrogression, you can get 3 years H1.
 
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