IR vs EB1

[wuchi]

Hello

I am in a position where I can apply for a green card through my US citizen spouse (been married a month now) and through my employer (I am currently renewing my L1A visa which expired through my employers lawyers).

Any thoughts on which one would take less time and which one may be better/have more benefits?

[Enub4]

If you have good evidence of bona fide marriage, I will say is faster that way, at least in most cases.

[randUser9]

As Enub4 said, through marriage will be faster & is outside of any country limits (not a concern if you are not from India/China). You can also switch your job once on EAD without worrying about I485J & future job role (which need to be similar - e.g. you can't go from working as a software eng. to a baker). But you will go through the interview process & will have to prove marriage is real.

[shiva_82]

Hello

I am in a position where I can apply for a green card through my US citizen spouse (been married a month now) and through my employer (I am currently renewing my L1A visa which expired through my employers lawyers).

Any thoughts on which one would take less time and which one may be better/have more benefits?

My opinion is different from the other two above. I'd say go with EB1.

1. EB1 is current even for India and China now so you should get your Green card soon. FB category might fetch you the GC slightly sooner but might be a bumpy road

2. FB category would fetch you a 2 year conditional GC. After 2 years if you are still married and living together, you will get a longer 10 year duration GC while in EB category it will be 10 year duration when first issued.

3. You are married only for a month so you would need to produce more proof to show it is a genuine marriage. There would be more scrutiny, not to mention surprise home visits and in some cases multiple interviews including a stokes interview.

4. While I pray this scenario doesn't come true, you are at risk in case your marriage doesn't go as you expected and you end up getting separated.

5. As pointed out by the posters above, even while you can't switch to any job with a GC EAD through EB category, with the dates being current, you would get your GC soon after your EAD or even before your EAD so it's definitely not an issue unless you are really in a desperate situation to change. I don't believe you do because otherwise you would not even be considering applying for GC in EB1 through your employer.

This is just my point of view. Hope this helps.

[newacct]

The disadvantages of immigrating through your spouse are:
1. If you will have been married for less than 2 years at the time they approve it, you will become a conditional permanent resident, and you will have pay $680 to file I-751 2 years after that, along with time and hassle to collect evidence again, do biometrics again, etc. With employment-based, you will become a non-conditional permanent resident directly.
2. Your spouse will have to file I-864 Affidavit of Support, whereas if you do employment-based, you don't need that.

[Enub4]

Sorry, I only answered what is faster. I agree that EB has more benefits, most pointed out above and lately most EB cases are approved without an interview, that's another plus.

If I was to choose between FB and EB I would do EB:
- 10 year GC when approved
- may not have to do an interview
- no extra costs or extra interview
- less paperwork (evidence)

Each case is different, so we don't exactly know which one will be faster for you, FB or EB. Good luck.

[sandeep.iiit]

Edit: Greying out the incorrect info. Another point to note in addition to what has already been said above: If you get your green card through family based process (spouse), then you can get the citizenship in 3 years. If you get it through employment based, you need to wait 5 years. See newacct's reply for correct info.

Also, if you are mainly concerned about speed, you can let both the I-485 applications go simultaneously. One of them will complete before the other.

[newacct]

Another point to note in addition to what has already been said above: If you get your green card through family based process (spouse), then you can get the citizenship in 3 years. If you get it through employment based, you need to wait 5 years.

Not true. The category you immigrated in does not matter for eligibility for the 3-year rule. As long as you have been continuously resident as a permanent resident for 3 years (and physically present for half that time), you have been married for 3 years, and your spouse has been a US citizen for 3 years, you qualify for naturalization under the 3-year rule. So the OP would qualify for naturalization under the 3-year rule 3 years after getting their green card even if they immigrated in an employment-based category.

[sandeep.iiit]

Not true. The category you immigrated in does not matter for eligibility for the 3-year rule. As long as you have been continuously resident as a permanent resident for 3 years (and physically present for half that time), you have been married for 3 years, and your spouse has been a US citizen for 3 years, you qualify for naturalization under the 3-year rule. So the OP would qualify for naturalization under the 3-year rule 3 years after getting their green card even if they immigrated in an employment-based category.

Thanks for the correction!

[wuchi]

Thanks for all the help everyone. It really helps. After some consideration I think I will go with the EB route. Out of interest, is it possible to try pursue both routes at the same time? I dont know whether that is allowed or not.

[Enub4]

Thanks for all the help everyone. It really helps. After some consideration I think I will go with the EB route. Out of interest, is it possible to try pursue both routes at the same time? I dont know whether that is allowed or not.

Yes, you can do both at the same time but, most likely, the marriage-based will be approved before EB and you just wasted money with the other.

I think EB1 cases, in some times, are approved within a year. If for some reason yours take longer, you can start the marriage-based in a year or so, that way if it gets approved after your 2 year wedding anniversary you will get a 10-year green card.