I-140 after filing marriage-based green card

casadwh

New Member
I am married to a US citizen and filed for AOS (still pending). My employer will be filing my employment-based green card application (I-140) once the labor certification is approved (next month).

I was wondering:

A) Can I file the employment-based application even though I applied for AOS through marriage?

B) If yes, if my employment-based application is approved before my marriage-based application, do I still need to go through the INS interview for marriage? I am planning to apply for the visa abroad at the embassy in my country of origin.
 
casadwh said:
I am married to a US citizen and filed for AOS (still pending). My employer will be filing my employment-based green card application (I-140) once the labor certification is approved (next month).

I was wondering:

A) Can I file the employment-based application even though I applied for AOS through marriage?

B) If yes, if my employment-based application is approved before my marriage-based application, do I still need to go through the INS interview for marriage? I am planning to apply for the visa abroad at the embassy in my country of origin.
Since it is AOS, I assume you are already in US.

What benefit are you getting by going through a new GC process? You can get your EAD/AP and just wait for AOS to get approved.
 
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