Which way should I go, spouse or employer?

M

mih

New Member
I started GC application 3 years ago. I've just got approval from
Department of Labor. However, my company's lawyer told me it's still about 2 years to go for me to finally get GC.

I married a U.S. citizen 2 years ago. My questions are:

1. Is it faster and simpler to stop the process through my employer and start GC application through my spouse?

2. My company's lawyer told me that I have to choose one way or the other -- if I want to apply through my spouse I have to stop the current process with the company. Is it true? Can I do both so that whichever is faster won't be an issue?

Thanks.
 
1. At this stage, both methods will likely take similar amount of time. However, where you live can make a difference: for employment based apps, you file with the service center, and for family based you file with the local BCIS office. If the local BCIS processing times are faster, then you can get the GC faster that way. Of course, employment based apps have the risk that they can get rejected if for instance you lose your job within the first 6 months of applying or cannot find another job in the same category after 6 months.

2. I might be wrong but I'd suggest checking with another lawyer. As far as I know you can apply through as many avenues as are available to you. Upon approval of your I-485, all remaining applications should be withdrawn.

Regardless of which avenue you choose you are in a pretty fortunate situation.
 
Thank you so much, mgh2001. It's very helpful. I guess I'll continue with the process with my employer; and I may start another process through my spouse after I get a second oppinion on question 2.
 
I was in the same situation as you are. My company's lawyer told me that I can only file one I-485. They also told me that it will probably be faster to go through my spouse. They said it takes almost 2 years to get 485 approved in CSC but about a year in San Jose local office. But please double check with your lawyer.
 
Interesting

I have both an emlpoyment based 485 pending, and a marriage based 485 pending. So I find it interesting that your lawyer said you can't do that.
 
Me too. I have consulted company attorney and immigration help organization and they both said filing employment based and marriage based at the same time is not a problem. I can withdraw the other case when the one has higher priority is approved, according to them. In my case, the marriage based will seem to be approved first.

Good luck.
 
You can apply for both and when you get a fingerprinting notice..get fingerprinted. If other arrives, you can simply forget about it..IT says there that if you have adjusted already please disregard this notice.

FP is the first step in the adjusting process..You can file 10000 applications to adjust your status legally but only can become Legal Resident once..!!
 
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