my dilema

H

houston999

New Member
Hello
Just found this forum. Been reading posts for the last 5 hours. Here is a little info about myself...
I started GC process in 1997...
was laid off before my Labor cert was completed...
started a new job in 1998 the company shut down in 1999 before Labor was done...
found a new employer who started my labor certification in 2001, which was approved in march 2002,
I140 approved in August 2002.
flied my employment bassed 485 in August 2002,
I don't know when my application will get approved, have not even done my finger prints yet. After reading this forum I realized that there are quite a few other people who have not received their finger print notices.
My employer is paying 100% of the cost of the Green Card process, lawyers fees, fees for EAD and AP renewal each year...

As fate would have it, I got married last month, and my wife is a US Citizen.

1. Should I abandon my employment based 485 and start a new process. I've heard that in Houston marriage based case can take a couple of years??? I'm sure my employer will not pay for the cost of marriaged based GC process, AP, EAD cost...

2. Marriage based GC recepients can get their citizenship in 3 years and employment based GC recepients need 5 years for their citizenship. If I receive my employment based GC while being married to a citizen..does it take 3 years or 5 years waiting?
 
Thank you for sharing info. First of all you deserved our sympathy. but you are also an example of Optimestic encouraged person, we hope you won't giveup. ppl would learn and be encouraged from reading ur story.

Agreed with above advise....

Little more patient is advised..... ur turn is almost there........ don't change boat.....stick with one... you also get advantage employment based GC rather than M-based.....


Good LUck
 
Last edited by a moderator:
Welcome to the forum :)
I believe your approval will not take very long. It is going faster these days.
If I were you I don't abandon the employment based one. I might consider having both applications at the same time if that is acceptable and worth it.

Regards
 
Thank you for your responses
I think I'm going to wait and see...
Out of curosity is it possible for one to start another process while one is pending? Will it affect other in any way?
 
I believe you could start the I-130 family based petition, while your I-485 is pending, and there is no conflict.
The problem is that you can't file for the I-485 based off the I-130 while you already have an employment based I-485 pending, so you either need to withdral the I-485 (not recommended at this point), wait until it gets denied, or just wait until it gets approved, and forget about this path alltogether.

Take a lawyer's advice on this one, before you take my advice, but here is my suggestion.

Your I-130 will take a while to get approved, probably around 18 months. By that time your employment based I-485 should be approved. If its not, then congratulations, you have a backup plan, and now you'll be able to file for a I-485 family based petition, which will still take the current 850 days or so to process from that point.

Bottom line, stick with the process you're in for now. You'll be approved soon. Marriage based petitions require a lot more paper work like affidavit of support, and your proof of your personal history together as a couple to prove its a legitimate marriage. You won't save any time by changing to a family based petition at this point, just sit tight, and wait for your approval, it'll be here soon.

To answer you original question, if you are approved after a marriage based I-485, you will get a conditional green card good for 2 years. After 2 years you would need to get the conditions removed, and you would receive a real green card. After 3 years of having your real green card, you can file for citizenship. (Total 5 years after I-485 approval)

In the employment based arena, when your I-485 is approved, you will get a real green card right away. You can file for citizenship in 5 years.

In the end both paths get you to citizenship in 5 years, except the marriage based one, you "risk" not getting the real green card if you divorce during the 2 year conditional period.
 
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