Pending EB3 I485, PD not current, but wife just became US citizen

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gabebalazs

Registered Users (C)
Hi, just joined.

I'm in a fairly uncommon situation:

I have a pending employment-based (3rd category) I-485 AOS, filed last year in early August (filing surge).
My I-140 got approved in February 2008. But my priority date is July 2006. This month's bulletin says EB3 PD is May 2005. So a long way to go still.
I have my EAD card, actually just received my 2-year new card. I have AP too. So everything is in order, it just may take another couple years to get my GC as far as I know.

Now, here is the twist:
My wife just became a naturalized US Citizen on October 16th. We got married 3 years ago. I'm exploring options of maybe starting a family-based GC process through her.
What are my options?

- Do I need to pay the full I-485 fee again? ($930 + $80 for biometrics)

- Biometrics again?

- Will I need to go through the whole vaccination process again (another $250)

- I have an EAD card but that's a C9 category card. Will I need a new one, or can I use that one until I get my GC through my wife?

- How long does the process of getting a GC through spouse take?

Do you think it's worth it, or should I just wait another couple of years for my EB green card?

thank you!!!
 
GC via US citizen spouse is normally 6-12 months.

You have to file the I-130 for sure. I think you also have to file another I-485, but it may be possible to do "interfiling" with the existing I-485 although I don't know if that is allowed for different types of cases (EB -> family). I also don't think it is allowed to have two active I-485 cases, but some say it is allowed if the two cases are different types (i.e. one is EB and the other is family or DV). If you do have to file another I-485, you would have to go through the whole works with biometrics and medical again (although while at the medical you can show proof of the previous vaccinations so you wouldn't have to redo those).

As far as the EAD is concerned, as long as the original I-485 is still alive you can continue to use the same EAD. Not sure what would happen with interfiling though.

If you switch to the marriage-based, you have to do an interview, and marriage-based interviews can be very tough. Whereas employment cases usually don't involve an interview.

Assuming you are reading from the correct column on the visa bulletin, you are not from China or India or Mexico, so with a PD in 2006 it would be a reasonable expectation to be approved in the next 1 or 2 years. If I were in your position, I would file a marriage-based I-130 but don't do anything with the I-485 yet. Then if something goes wrong with your EB case, immediately file a marriage-based I-485. But ultimately it is up to you to decide, as you are the one who will be spending the time and money, not me.
 
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thank you for the info.

Yes, filing just an I-130 does sound appealing, and then we'll see how things go.

thank you again
 
File I-130, after its approval wait and see how and where employment based I-485 goes, if you have any hitches or foresee any trouble on its side, then file family based I-485 and withdraw employment based I-485, since immediate relative immigrant visa (marriage to USC spouse) is always current
 
thanks for the replies.

What about Affidavit od Support? Since I have my EAD card and work legally, does my wife still have to submit a regular Affidavit of Support?
Or is my case different?
 
FIling I-130 alone won't do you any good. You can't do family based AOS, if you don't file I-485 with I-130. When I-130 is approved you will be able to either do consular processing or start AOS, but that won't win you any time. You could have a GC in about 6 months if you file family based AOS.

- Do I need to pay the full I-485 fee again? ($930 + $80 for biometrics)
Click to expand...

yes

- Biometrics again?
Click to expand...
yes

- Will I need to go through the whole vaccination process again (another $250)
Click to expand...
no, you don't need to get revaccinated, but you may need to do a new medical exam, if a lot of time has passed since your previous one.

- I have an EAD card but that's a C9 category card. Will I need a new one, or can I use that one until I get my GC through my wife?
Click to expand...
you can use the same one

- How long does the process of getting a GC through spouse take?
Click to expand...
AOS takes 4-12 months.

Do you think it's worth it, or should I just wait another couple of years for my EB green card?
Click to expand...
if you have money, and you want to have GC asap, go with the family AOS, running concurrently with EB AOS.
 
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