Labor Cert approved - question

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berrybinks

Registered Users (C)
Hi,
Me and my fiance work for the same company. We both filed for labor certification, his priority is Jan 2002 and mine's July 2002. His labor cert recently got approved and we're thinking of getting married so I can be included in his stage 2 & 3 processing. He is filing them concurrently. My question is, do you think this is a good idea? If so, what will I do with my ongoing application? Should I discontinue it?

Please advise.


Thanks!
 
You need not discontinue your processing. It can still continue even though you might proceed as derivative applicant on your spouse's approved LC. There are lot many instances where both spouses file for immigration benefits (one might file 140 with 485 and the other might file 140 with CP option)....

Good Luck and Congratulations on your marriage.
 
hi an_anonymous,

thanks for your quick response. what does it mean to file I140 with CP Options?

I was just thinking that maybe it would save us some money to discontinue my application. However, if it is safer, or if it would mean better chances of getting our green card, then I would just continue it.
 
CP (consular processing) is the alternate path to choose for I-485. This is the option that you choose when filling up the I-140 specifying the consular office abroad (in your home country) where you would like to appear for your GC interview.

This way, you can have both processes going in simultaneously (one 485 in which your spouse is the primary applicant and you are derivative applicant AND the second as CP in which you are the primary applicant and your spouse is derivative applicant). Among these two, whichever path takes you faster to your GC can be used. After obtaining your GCs, you can abandon/withdraw the other one.

With CP, you need to keep your job safe till you finish your interview. There are no AC21 benefits (which allows you to change your job after 180 days of 485 pending). But this would not harm you guys since you can have both applications going on simultaneously.

This definitely would cost some money (since you will have to pay some fees towards CP process). But you can weigh the benefits and decide. Generally, CP takes about 4-6 months (depending upon the consulate where you will go for your CP interview) after getting your I-140 approval.

Please note that you would not get interim benefits (like EAD/AP) via CP. But I guess, since you will have both (one 485 and other CP), you would get them. There is a wealth of information on CP in various CP forums that you can skim through and make an intelligent choice/decision.

Good Luck
 
Hi Anonymous!

Thank you so much for your response!

I would definitely do my research on these possibilities. The knowledge you shared trully helps us in this difficult journey!

I just have a thought that could be a very minor potential problem but could not escape my mind. When I get married and decide to change my last name, what will happen to my current documents (e.g. my current H1, etc). My current passport will not match the documents that I will file with my future husband (I-485, etc). Should I just keep my name to avoid these issues?
 
It shouldn't be a problem in changing your last name to that of your husband's. If I were you, I would stick on to my maiden name till the GC processing is complete and change later. You could always endorse your spouse's name in your passport and your name in his passport. To prove your marriage, you would have your Marriage Certificate too. These two things are good proof towards your marriage. And as far as I know, there is no rule that you should change your name.....

The above statement is based on my personal experience. My wife still continues in her maiden name and plan to change her last name only after our GC journey is through. We have added each other's names in our passports.
 
Hi again anonymous!

What does it mean when you say "Endorse his name to my passport"?

Btw, I forgot to mention something. A year ago, there was an extra labor cert in our company for another person who applied for 2 labor certs. The reason is that it was taking a long time for her labor cert to get approved and so she looked for another lawyer and applied for a new one. She got both approved and decided to use the first. So my lawyer (which is her second application) suggested for me to use it as substitution. So I did, filed my I140 and I485. Got my parole, employment certification and did my fingerprinting. After a few months, i found out that the substitution case didn't work, and was accused to be fraudulent. Anyway, my lawyer decided to drop the case and just wait for my labor cert w/c was already filed months before. Will this in anyway affect me and my future husband's application? Any pointers you could share? Thanks so much!!
 
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