GC through marriage or work

[jasmine7103]

After 3 years and several thousands $s, I finally got my labor certificate approved last week. My lawyer told me I have till end of this month to apply for I-140. It will cost me 1200 bucks then another $1500. It will take me 2+ years to get my GC through work - or longer.

My husband has been GC holder for 2.5 years. He will be eligibile to apply for citizenship end of November. My lawyer says it would take 3-6 months to get him naturalized then 6 months for me to get GC through him. So we are planning on going through that route anyway.


1. Would you continue processing the GC through work just in case? You never know what can happen... plus I invested so much already.

2. How hard is it to apply for I-140 and I-485 without a lawyer? I don't know if I want to spend another 2700 dollars for backup plan...

Thank you!

 

[pianoplayer]

After 3 years and several thousands $s, I finally got my labor certificate approved last week. My lawyer told me I have till end of this month to apply for I-140. It will cost me 1200 bucks then another $1500. It will take me 2+ years to get my GC through work - or longer.

My husband has been GC holder for 2.5 years. He will be eligibile to apply for citizenship end of November. My lawyer says it would take 3-6 months to get him naturalized then 6 months for me to get GC through him. So we are planning on going through that route anyway.


1. Would you continue processing the GC through work just in case? You never know what can happen... plus I invested so much already.

2. How hard is it to apply for I-140 and I-485 without a lawyer? I don't know if I want to spend another 2700 dollars for backup plan...

Thank you!

Just curious, under what basis does your husband qualify for naturalization after 3 years?

 

[GotPR?]

What's your EB category, country of birth and priority date ?

 

[immihir]

1. Would you continue processing the GC through work just in case? You never know what can happen... plus I invested so much already.

I would keep backup plan. The only way (that I know) your husband can become US citizen in 3 years is if he has married to US citizen and still married to her which is not the case here. So, I don't think that route will work out for you.

2. How hard is it to apply for I-140 and I-485 without a lawyer? I don't know if I want to spend another 2700 dollars for backup plan...

I have filed my I-485 and I-130 by myself as well as done similar process for my parents. If you read everything carefully and have nothing to hide, there should not be much trouble. But obviously someone who has filed I-140 can be better one to advice.

 

[jasmine7103]

What does EB stand for?

Mine: Japan, applied for GC in Oct 2003
Hubby: Australia, got GC 2.5 years ago
.....................................................

I am not sure but my lawyer said that he was qualified to be naturalized after being GC holder for 3 years. On the INS website, it said that you can begin the process 3 months before 3rd anniversary.

 

[princesskate]

What does EB stand for?

Mine: Japan, applied for GC in Oct 2003
Hubby: Australia, got GC 2.5 years ago
.....................................................

I am not sure but my lawyer said that he was qualified to be naturalized after being GC holder for 3 years. On the INS website, it said that you can begin the process 3 months before 3rd anniversary.

I believe what your lawyer said was incorrect. Only GC holders whose GC were sponsored by their USC spouses are eligible to apply for naturalization 2 years + 9 months from the date they got their PR status. If your husband got his GC thru any other kind of sponsorship, he needs to wait for 5 years, not 3.

 

[GotPR?]

What does EB stand for?

Mine: Japan, applied for GC in Oct 2003
Hubby: Australia, got GC 2.5 years ago
.....................................................

I am not sure but my lawyer said that he was qualified to be naturalized after being GC holder for 3 years. On the INS website, it said that you can begin the process 3 months before 3rd anniversary.

Your employment based GC should fall into one of a few major categories. EB1, EB2, EB3 or schedule A(unless you are under very special job such as religous job).
You need to know which one you are in to figure out how long your GC process will take.

As being said, your spouse is not eligible to file citizenship another 2+ years.

 

[jasmine7103]

Sorry it was 5 years, not 3 years

I don't know what I was thinking... I just checked his GC, he has been a resident since Feb of 2002. So he will be eligible in Nov this year.

Since I only have one month to file the I-140, I might utilize the lawyer one more time instead of trying to figure out on my own.

Has anyone used one of those do-it-yourself kit for I-485? Looks like I will have plenty of time to do a research and prepare for it.

Thanks again.

 

[pianoplayer]

I don't know what I was thinking... I just checked his GC, he has been a resident since Feb of 2002. So he will be eligible in Nov this year.

Since I only have one month to file the I-140, I might utilize the lawyer one more time instead of trying to figure out on my own.

Has anyone used one of those do-it-yourself kit for I-485? Looks like I will have plenty of time to do a research and prepare for it.

Thanks again.

That makes much more sense now that you have provided the correction. If you do plan to use the marriage route, I sincerely doubt that you need an attorney. Unlike some here seem to think, I do not always advocate an attorney ----- any reasonable layperson can do an "uncomplicated" I485 based on marriage.

Best of luck

 

[EricNeesGC]

I don't know what I was thinking... I just checked his GC, he has been a resident since Feb of 2002. So he will be eligible in Nov this year.

Since I only have one month to file the I-140, I might utilize the lawyer one more time instead of trying to figure out on my own.

Has anyone used one of those do-it-yourself kit for I-485? Looks like I will have plenty of time to do a research and prepare for it.

Thanks again.

Go to uscis.gov and go to their forms section. There is a complete package for I485 with detailed instructions on what to file and how to do it.

My suggestion would be to keep your I-485 going through your company. There are a few people who are stuck in FBI name check for a very long time while waiting to be natrulaized. Although, I don't think your husband will have any issues but just to be on the safe side, paying up a couple thousand dollars now will secure start your process from 2 ends.

Good Luck