marriage-based green card while employment-based I-485 is pending

M

mwl

Registered Users (C)
Hi folks, I have been working in the States and have an employment-based I-485 pending (have been waiting for 4 years since LC is submitted....stuck in name check and now the retrogression :( ).
I am planning to get married to a US citizen. Would anyone know if I can submit the marriage-based green card application (I-130/I-485) the same time the employment-based one is pending? This way, I wouldn't lose my job waiting for the marriage-based EAD to process. Any insights will be welcome.
 
mwl said:
Hi folks, I have been working in the States and have an employment-based I-485 pending (have been waiting for 4 years since LC is submitted....stuck in name check and now the retrogression :( ).
I am planning to get married to a US citizen. Would anyone know if I can submit the marriage-based green card application (I-130/I-485) the same time the employment-based one is pending? This way, I wouldn't lose my job waiting for the marriage-based EAD to process. Any insights will be welcome.
Click to expand...
You can file marriage based GC while your Employment Vased GC is in process.
 
mwl said:
Hi folks, I have been working in the States and have an employment-based I-485 pending (have been waiting for 4 years since LC is submitted....stuck in name check and now the retrogression :( ).
I am planning to get married to a US citizen. Would anyone know if I can submit the marriage-based green card application (I-130/I-485) the same time the employment-based one is pending? This way, I wouldn't lose my job waiting for the marriage-based EAD to process. Any insights will be welcome.
Click to expand...

I guess thats O.K. but contacting good lawyer is good idea. Anyway if you are stuck in Name Check, filing marriage based application is not going to expedite it. All steps might be repeated.
 
It is perfectly legal to file different ways for permanent resident. The first that gets out void the others. But if your case is in hold because it's stuck in name check, then you will be stuck in name check at the end of your marriage based petition too. Won't expedite anything because you will have to go through background check in both (FP and name check).
 
mwl said:
Hi folks, I have been working in the States and have an employment-based I-485 pending (have been waiting for 4 years since LC is submitted....stuck in name check and now the retrogression :( ).
I am planning to get married to a US citizen. Would anyone know if I can submit the marriage-based green card application (I-130/I-485) the same time the employment-based one is pending? This way, I wouldn't lose my job waiting for the marriage-based EAD to process. Any insights will be welcome.
Click to expand...

OK, i hope you are not the same person who posted on the other thread asking for information on where and how to find a US citizen who could sponsor for GC after marriage.

You mentioned you filed your I-485 and are stuck in name-check, So why do you want to marry a USC, file another I-485 and still get stuck in the same mess of name check? Name check wont make a difference if you filed through work or through family, its still the same name FBI is after. To answer your question, yes, you can have two applications in parallel, the first one to get approved would void the other one.

I assume you applied for EAD with your I-485. So if you are worried about losing your job, you can always invoke AC-21 portability rule and work for any employer on your EAD provided your I-485 has been pending for over 180 days. Im not sure how exactly it works, but you could look here at the employment based GC forum for answers...
http://www.immigrationportal.com/forumdisplay.php?f=42
http://www.immigrationportal.com/forumdisplay.php?f=14
http://www.immigrationportal.com/forumdisplay.php?f=190
 
mwl said:
Hi folks, I have been working in the States and have an employment-based I-485 pending (have been waiting for 4 years since LC is submitted....stuck in name check and now the retrogression :( ).
I am planning to get married to a US citizen. Would anyone know if I can submit the marriage-based green card application (I-130/I-485) the same time the employment-based one is pending? This way, I wouldn't lose my job waiting for the marriage-based EAD to process. Any insights will be welcome.
Click to expand...

Yes, you can file. I am in the same situation. The best thing about family based GC is that (even if it is stuck in name check) you can get your EAD and work anywhere without the need of filing AC21.
 
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