Marriage-based GC or employment-based (EB2) - Which route to take?

S

SonyStyle

New Member
Hello all,

I would greatly appreciate your advice on my query below:

Quick background -
Indian citizen entered the US on an F1 in 2001 (2 years) ----> H1-B (current status since the last 6 years) ----> LC & I-140 approved (EB2 & PD is late Sept 2007) ----> Married to a US Citizen since early 2009 ----> Not initiated family-based GC process through spouse yet.

Query -
- Based on current EB2 GC trends, would it be quicker for me to get a GC if I apply through my wife?
- What would be an estimated time span for getting an EB2 employment based GC in the current scenario (PD Sept 2007)?
- What would it be for a spouse-based GC?

A friend said it's a no-brainer. But I'd like to do my due diligence and seek the opinion of the knowledgeable & experienced immigrant community at large, so I'm sure of my next steps.

Kindly advise.

Thanks!
 
SonyStyle said:
- Based on current EB2 GC trends, would it be quicker for me to get a GC if I apply through my wife?
Click to expand...

Based on current trends, you are looking at 3-5 months (if everything goes smoothly) for family-based AOS. If I were you I would go the family-based route immediately. Others with experience with EB2 will chime in about that.
 
Its definitely a no brainer as your friend said. You never know with H1b based green cards but marriage based green cards if its a genuine marriage and enough proof is the easiest and quickest. Mine took 3 months from posting of package to green card in card.
I was on h1B too 5th year though ..
Good luck
 
Given that your LC and I-140 are already approved, if you were in EB2 ROW where it is all current I would have suggested completing the GC process via the EB route so you would directly get a 10-year GC upon approval in a few months (instead of the 2-year conditional card via marriage). But with EB2 India and a PD of 2007 you'll likely have at least 2 years of waiting, so forget about that and file the marriage-based GC.
 
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