Married a US citizen while on an Employer AOS (I-485)

R

roger_s113

New Member
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Here it goes, I am currently on an Employer based AOS (I-485) with my Receipt Date being “July 2002”. And I am still working for the same company on an EAD. Of late I got married to a US Citizen and Have 2 options and don’t know which one to weigh in more. Need your opinion

1) Wait for AOS to go through; but with the current long-winded delay; I am not sure how long the wait would be.

2) Go ahead and apply a fresh application through my wife; I am not sure if I could do it concurrently; meaning apply family based while Employer AOS (I-485) is still on . And even if I do it I think at one point of time I need to give up one or the other.

Or is there any other process I could use since I already have an I-485 with EAD?

-Roger

 
If you apply for AOS using Family option you need to wait for I-130 approval, which takes any which may take over a year some time.
Can you please tell us your service center?

Family based I-485 is processed at district offices. You need to check the time at your district office.

With Family based application you will get a conditional GC. Again after two years you need to apply for removal of condition, which will take around a year and separate fees.

I would go with EB based GC.
 
I am at the California Service Center;

• And going with your Family based ( I-130 & I-485 ) suggestion I assume , I have to give up my Employment based EAD and I-485


• I was wondering if there is a way i could combine my current Employment based EAD and I-485 with present family situation .


• i was also wondering if I can go ahead and concurrently apply for a family based ( I-130 & I-485 ) while still keeping my Employment based EAD and I-485
 
You can apply for both I-130 and I-485 again or just apply for I-130 and wait. You may get EB based approval before your I-130 approval. Since Family based I-485 will be processed at local District office you will have to see how much time your local service center is taking.

You can apply for I-130 if your country of origin has an immigration office. In My friend's case He applied at New Delhi. It took four months complete his green card and come to US. This was in April 2003.
 
Keep in mind that if you get GC based on marriage, it is only a temperory GC for two years, and after two years you get a permanent GC. USCIS does this to ensure that the marriage was for the right reasons, so if, God forbid, anything should happen to your marriage in the first two years, your GC may be rejected. If you get your GC through AOS you don't have to worry about this. Plus if the spouse complains that you married him/her just for GC you may end up paying lot of money in legal fees and attorney fees and you may get into trouble.

Since it may take some time to get your GC based on family anyways, why don't you just go through your current 485. Plus you will save all the 485 filling receipts and probably attorney fees.
 
You know I am also banking on the similar opinion that sticking with my EB 485 would be a worthy option. As with a good faith; one of these advent day UCIS will wake up and clear the entire backlog for Employment based 485’s. It seems to taking forever. Do you have any information on how long would the current wait would be? I heard that few months back they USCIS came with a statement that they would clear certain backlog.

I was also looking at the processing times: for Family based I-130 It’s about a year (12months) and for I-485 (processed at my local District office) it’s about 5 months .So it’s would be around 15 months to get a family based conditional GC. So UNLIKE employment Based GC, with family based GC I am at-least sure about the time line.

So, If I decide to apply I-130, should I be out of the country and did u mean your friend got a conditional GC in just 4 months ?, can u give me more info or a link as how one can go about on this option
 
July 2002 cases could be approved at any moment, you really don't need to choose.
 
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