I-485 pennding, name check and a lot of questions...

BlackStripes

Registered Users (C)
Hello all!

I am in the middle of an odd situation and i would like your opinions. Here are some of the facts:

1. I entered to US with an H1B in 1999.
2. I got an extension of the H1B.
3. I started a GC by employment process in 2003
4. I got a letter from INS saying that the I485 was denied because my lawyer made a huge mistake!! On one of the forms that she filled out, she said that i am a BS in Economics and that my work needed a BS in CS!
5. I was about to get married with an american citizen and i was REALLY mad at my lawyer. I contacted a different lawyer and he told me that it was a lot easier to get the GC via marriage than appealing the old I485.
6. We got married on March 05. :)
7. We had the interview on March 06 and everything went well, but the IO told me that i was stuck with the damn name check. Obviously i still am.

Today, my wife and i are having some issues and we are trying to find solutions and maybe we are going to get some counseling to save the marriage....we are still in good terms.

Now, about the future. The last thing i want, is us taking a decision based on my immigration status, but i want to know what are my options, besides pray that we fix all our problems?

a. If this doesn't work, i guess, the same day we get divorced, i have to leave the country? I'd need to sell house, cars... etc ..etc..

b. I know my company (big nationwide company) is willing to help me to stay (they kinda of need me :) ). Can i start another GC process using the same company?

c. I've got several job offers from other companies. Can i start another GC process with other company?

Thanks in advance!!

EDIT: (This is not related with my marriage) I contacted another lawyer that thinks that starting a WOM/sue USCIS would be one solution to get approved faster.
 
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There is nothing that precludes you from starting an employment-based immigration right away. This will be a fall-back position in case you are unable to save your marriage. However, I wish you all success in saving your marriage!
 
There is nothing that precludes you from starting an employment-based immigration right away. This will be a fall-back position in case you are unable to save your marriage. However, I wish you all success in saving your marriage!

Thanks, that's the idea ! :cool:

I just didnt know that i could apply for the same visa from the same company twice :)
 
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