Green Card dilemma

[jaykhamb]

Hello,
I have the option of applying for green card either through my US Citizen wife or through my US based company. The difference is if my company applies for my GreenCard then they will bear the costs. But, I am more interested in knowing if the lead times for the applications are different if I apply through my Wife or through my Company. Any other reasons why one would prefer Greencard through Wife over Greencard through Company?
Also, what is the cost of applying through a Lawyer for Greencard through Wife?

Thanks
-J.

 

[LucyMO]

you have to choose between whatever is faster (usually marriage based) and whichever is "for sure" (nobody knows).

 

[tangohi]

With marriage if the marriage is less than two years you will get conditional green card and then it will have to be removed and all sort of things can happen i nthe meantime- like divorce etc, which are unfortunate but happen. If any bad event happens then you have a lot of explaining to do. If you apply from employer then also there are issues also but your GC s for 10 years and you have to show at naturalization that you did not commit any fraud to get GC and that you conitnued working in your job as per the terms of LC for a reasonable time after obtaining GC. Change of job is also possible though I am not an expert on that. No need to depend on USC wife. I have read of terrible suffering if something goes wrong with the family based GC especially if USC turns vengefull. If employer based GC has problems and you are still a loving couple you can still apply through your USC spouse. However if your USC spouse creates problems and you want to apply later through employer then your employer may or may not apply. Morever there may be some issues with dates retrogressing as I read on some websites. . Keep in mind that if you use your employer based GC then you can work on EAD and save your H-1 time. It gives you two benefits- saving H 1 time and having the option of applying through spouse if employer based GC runs into problem but if you apply through spouse and things do not work out then you may or may not be able to apply through employer, it may take years and INS can always question your marriage based application and accuse you of marriage fraud. Think carefully before you take any steps. Dont rush into a decision because it is easier to get.

My 2 cents. I am not an expert. Please do talk to someone who has more knowledge than me on this forum.
Good luck.