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-   -   Amending Employment Based i-485 to Marriage Based (https://immigrationvoice.org/forum/forum5-all-other-green-card-issues/18617-amending-employment-based-i-485-to-marriage-based.html)

AmitBohra 04-17-2008 12:23 PM

Amending Employment Based i-485 to Marriage Based
 
Hi Gurus,
Been a IV member from a decent amount of time and appreciate all the hard work done by you guys. Only thin i could contribute was monthly $50. Anyways got a quick question.

I have a 485 filed under eb2 and have my EAD , FP done and AP. i140 is approved. I will be gettting married to my finance in few months and she is born with golden spoon and of course US citizenship. So the question i have is Can i amend my employment based 485 to the I-130 petition? This way i dont have to file a new 485 for marriage.

Thanks
AB

immi_enthu 04-17-2008 01:05 PM

I am not an expert but I would think by the way USCIS works you would be better off (in terms of time) starting a new application than trying to amend an existing EB application with them.

meridiani.planum 04-17-2008 02:09 PM

Quote:

Originally Posted by AmitBohra (Post 240627)
I will be gettting married to my finance in few months and she is born with golden spoon and of course US citizenship.


however rich your future wife is, I am sure she is not going to like being referred to as your 'finance'. :rolleyes:

H1B-GC 04-17-2008 02:35 PM

Quote:

Originally Posted by meridiani.planum (Post 240668)
however rich your future wife is, I am sure she is not going to like being referred to as your 'finance'. :rolleyes:

LOL.... Nice catch.;) . read it as fiancÚ the first time.

lazycis 04-17-2008 02:46 PM

It's possible, but you need to marry first, then file I-130. After I-130 is approved, you can ask USCIS to use your I-130 as underlying visa petition for I-485. Keep in mind that I-130 AOS gives you only conditional permanent residency, after 21 months you need to apply for a regular GC.

AmitBohra 04-17-2008 04:19 PM

Thanks
 
i talked to my lawyer and he says you need to withdraw the old 485 and apply for new 485 using marriage. he also said that once i withdraw my 485 based on employment my EAD will be revoked too and till i dont get my EAD through marriage i can work. All this didnt make any sense to me. I think he doesnt know what is he talking.

I believe more in IV gurus....

Oh fiancee and finance so damn confusing...I wish i could get some finance...lol

kshitijnt 04-17-2008 05:17 PM

Continue both in parallel.
 
Quote:

Originally Posted by AmitBohra (Post 240726)
i talked to my lawyer and he says you need to withdraw the old 485 and apply for new 485 using marriage. he also said that once i withdraw my 485 based on employment my EAD will be revoked too and till i dont get my EAD through marriage i can work. All this didnt make any sense to me. I think he doesnt know what is he talking.

I believe more in IV gurus....

Oh fiancee and finance so damn confusing...I wish i could get some finance...lol

Hi there-

I think you have already paid fees for EB 485? So revoking it wont get those fees back to you. I would suggest, you get married first, then file I-130. If by that time your EB 485 is not approved, you can still file FB 485, whichever comes first take it. You can file both in parallel. Its only a question of few thousand dollars. Attorney Rajiv Khanna has extensive documentation in this regard. You can see his website immigration.com

jthomas 03-27-2010 02:00 PM

Thats not the case. USCIS will revoke employment based AOS since mariage based AOS has higher priority. So the process would be, they would call for a normal interview and then hand you a paper that
" since you have a second petition (employment based) so they have to combine both of them and then they would issue a green card."
Its just because you were in this country legally for a long time they will go through all the required paper work. IT MEANS DELAY in processing or may be RFE to get more details.




Quote:

Originally Posted by kshitijnt (Post 240749)
Hi there-

I think you have already paid fees for EB 485? So revoking it wont get those fees back to you. I would suggest, you get married first, then file I-130. If by that time your EB 485 is not approved, you can still file FB 485, whichever comes first take it. You can file both in parallel. Its only a question of few thousand dollars. Attorney Rajiv Khanna has extensive documentation in this regard. You can see his website immigration.com


desi3933 03-27-2010 05:46 PM

Quote:

Originally Posted by AmitBohra (Post 240726)
I talked to my lawyer and he says you need to withdraw the old 485 and apply for new 485 using marriage.....


I can't imagine lawyer suggesting that. You should consider getting second professional opinion.

One I-485 can be linked to more than one immigrant petitions. You will need a cover letter after I-130 approval and reference to existing I-485 application along with amendments to refer approved I-130 immigrant petition.




________________
Not a legal advice.

desi3933 03-27-2010 05:51 PM

Quote:

Originally Posted by jthomas (Post 1654625)
Thats not the case. USCIS will revoke employment based AOS since mariage based AOS has higher priority. ...

May I ask, where did you get this (incorrect) info from? Do you know that one can file only I-485 that is linked to I-130 as well as I-140. Read I-485 form.


________________
Not a legal advice.

jthomas 03-27-2010 11:45 PM

Quote:

Originally Posted by desi3933 (Post 1654701)
May I ask, where did you get this (incorrect) info from? Do you know that one can file only I-485 that is linked to I-130 as well as I-140. Read I-485 form.


________________
Not a legal advice.

from the immigration officer. they have to combine both the cases and then have one process the green card. Normally spouse married to US citizen gets green card within 5 months. The green card interview happens approx 3 months after filing I130. If the case is okay the papers are kept in a green file and have to wait till the employment based I-140, I485 will be combined and then they would get their green card. If there is anything missing or any questions, it would delay fuurther. Secondly The A number remains the same in both the application.
The bad part, the candidate has to wait because he was in H1B for a long time.


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