married to PR while 485 is pending

S

sam_ahmed

Registered Users (C)
hello everyone,
I married to PR, my 485 is pending my PD Aug2006 EB3 (India), my question is
can i apply another application (family based) if yes and how long it will take
can my PD transfer from EB to FB
or what is best option
 
Your spouse can file an I-130 for you. I still think the EB3 I-485 will be approved quicker, but you never know with priority dates.
 
thanks for reply,
my question is can i transfer my EB PD to Family based if yes

according to recent PD march 2011 for Family based for India is 2A Jan 07
it should be current for me

what do you think
 
sam_ahmed said:
thanks for reply,
my question is can i transfer my EB PD to Family based if yes

according to recent PD march 2011 for Family based for India is 2A Jan 07
it should be current for me

what do you think
Click to expand...

No transfer of priority date is this situation. BUT, if the I-130 PD becomes current before the EB-3 does, you can change the I-485 over to the I-130 instead. It's all speculation as to which will become current first.
 
You can't port a priority date from a family-based to an employment-based case. Your I-130 will be stuck with its own new priority date.
 
TheRealCanadian said:
Your spouse can file an I-130 for you. I still think the EB3 I-485 will be approved quicker, but you never know with priority dates.
Click to expand...

Given where EB3 India is on the latest visa bulletin (March 2002), and how slowly it has moved over the past few years, I would expect the OP's LPR spouse to become a US citizen before India EB3 reaches Aug 2006.
 
Cross-chargeability would be allowed if you got married before your spouse became an LPR, and you were a derivative for your spouse's GC process. But your spouse already had LPR status when marrying you, and would file a direct petition for you, so there is no primary/derivative relationship and you can't use cross-chargeability ... you are stuck with India as the country of chargeability.

When is your spouse eligible for citizenship? If/when your spouse becomes a US citizen, you don't need to worry about priority dates anymore.
 
she got her GC during july2007 that was EB, what I think she will file her citizenship in feb next year.
if I am right.
 
Your spouse can apply for citizenship no sooner than 5 years minus 90 days after obtaining her GC in July 2007, so that would be April 2012.
 
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