Marrying US citizen while I-485

[bob71]

Hi,

This may be an odd question for the majority here, but I was hoping someone could give me some advise.

My I-140 was recently approved (yeeeeh!), still waiting on my EAD, travel doc, and of course the I-485 (filed in Jan for I-485)... (fyi, I-140 was filed in August last year).

Turn of events! I am getting married to a US citizen and she wants to apply for family/fiance visa.

- if I start the process through this medium, how long will it take? (don't I still have to go through a new I-485 (and maybe I-140 again!!!???))

- how will it affect my current application

- what is the recommended thing to do?

Thanks!

Bob71

 

[Jim Mills]

If I understand your situation correctly, you are loking at changing to family based processing as the immediate relative of a USC. I don't see what benefit that will have as long as you've remained in status, not worked illegally, or had other immigration related problems (marriage to a USC waives many problems). Processing time is likely similar for your pending I-485 and a new I-485 filed at this point. Additionally, the GC based on marriage to a USC would be temporary for three years, at which time you would need to repetition to have the GC made permanent , at which time you will need to show the officer that you have remained married to the USC. There are a few exceptions but this gives you the general idea.