help me choose - file WOM or new petition based on marriage?

[mygchope]

My employment-based i-485 has been pending since June 2004. I got married to USC over a year ago. What I should do to get my GC -

1. file WOM or file a new marriage-based petition? which one is better choice?
2. One concern for me to file marriage-based petition is, I am trying for pregnancy now, that means I might not be able to do a complete medical exam. Would that create problem for getting GC smoothly? On the other hand, I totallly don't know when my pending name check will be done.
3. If I got employee-based GC, can I apply citizenship after 3 years, since I am married to a USC? Or do I need to wait for 5 years instead?

Please give me your advice. Thanks!

 

[jimothy]

When you say file WoM I am assuming that your employment based case is stuck at namecheck. If so I suspect that any marriage based case would have the same problem.

Filing the marriage based case would free you up from any work committment. The medical would not be an issue I don't think. The only part you would not be able to do would be the chest x-ray which I know a lot of us don't end up having to have anyway.

Question 3 I don't know the answer to, sorry.

 

[GotPR?]

3) No, you can't. Only those who obtained LPR status through marriage can apply for USC in 3 years.

 

[zlin]

If you file WOM, you may get a GC very soon. But it takes 5 years to apply citizen. If you file new 485, it will stuck in NC again, takes about 2 or 3 more years, then 3 years after that you can apply citizen. I would file WOM first. Most 485 got approved very fast.

My employment-based i-485 has been pending since June 2004. I got married to USC over a year ago. What I should do to get my GC -

1. file WOM or file a new marriage-based petition? which one is better choice?
2. One concern for me to file marriage-based petition is, I am trying for pregnancy now, that means I might not be able to do a complete medical exam. Would that create problem for getting GC smoothly? On the other hand, I totallly don't know when my pending name check will be done.
3. If I got employee-based GC, can I apply citizenship after 3 years, since I am married to a USC? Or do I need to wait for 5 years instead?

Please give me your advice. Thanks!

 

[mygchope]

Thanks a lot

for all your advice! Does anyone know about a good attorney in Los Angeles or Orange County to file WOM?

 

[tapskap]

for all your advice! Does anyone know about a good attorney in Los Angeles or Orange County to file WOM?

Daniel Huang.He is a pro.You can find his cintact details online.

 

[TheRealCanadian]

3) No, you can't. Only those who obtained LPR status through marriage can apply for USC in 3 years.

Are you certain? My understanding is that all that matters is that you be married to a US citizen for three years after receiving LPR status. How you obtained permanent residency is not important.

 

[Al Southner]

GOTPR, stop this madness.

3) No, you can't. Only those who obtained LPR status through marriage can apply for USC in 3 years.

GotPR,

Stop giving people incorrect information. The law states that if you have been married to a US citizen for three, then you are eligible to apply for a greencard. The law is clear, you can't apply for US citizenship without a greencard, so you ought to have a greencard before applying for naturalization. This is the second posting which you have gave people incorrect information. Please refer to the new guidelines for naturalization process.

For example: On January 1, 2005, Martina gets married to John, US citizen. Martina is on an F1, but she doesn't want to change her F1 visa because she's being sponsored by a scholarship from her country to pay for part of her studies. Not on J1 visa, but an F1 with a partial help from a local organization in her home country of DOLLARBILL.

In May 2007, she completes her undergraduates and decides to apply for a greencard. Her greencard approved and mailed to her on Nov 1st, 2007.
She is able to apply for a greencard anytime after getting her greencard. In this case, she can apply for her naturalization on January 1st, 2008.This will mark three year anniversary since she married her husband, who is a US citizen. However, she would have been a greencard holder for about a month to her application for naturalization.

GotPR, please cut the crap and read the law on this issues.

 

[GotPR?]

Are you certain? My understanding is that all that matters is that you be married to a US citizen for three years after receiving LPR status. How you obtained permanent residency is not important.

I looked up the law and there is no clause how LPR was obtained. Sorry I was wrong.

Sec 319(a)

(a) Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent reside nce, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse 1/ (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.