Indian on H1B marrying US Citizen.

[krisneosam]

My fiance is an american citizen and she is read to sponsor family based green card after our wedding in August. My current company has already started employment based green card application process and my PERM has been certified. I-140 is yet to be filed. I am trying to evaluate my options for green card application going forward and I have the following questions regarding my options.

I understand that the processing time will be much quicker ( ~ 3 months?) with family based green card than with employment based green card.

1) Are there any advantages with continuing with the employment based green card application process, considering I now have an option to apply for family based green card?

2) If I continue with employment based green card process..
a) Can my priority date be adjusted once I get married? If so, what would be the estimated processing time before I can get green card? What is the application process in this case?
b) If I go through employment based green card process, employer will have to pay prevailing wage once I get green card. This probably wont be the case if I apply for family based green card?

I would really appreciate any additional information that would help me make an informed decision.

[inadmissible]

1) first, your employment based green card comes with different conditions than your marriage based green card. If you plan to bail on your employer within less than 6 months you are better off adjusting on the basis of your marriage. If you plan to bail on your wife within less than 2 years you are better off adjusting on the basis of your employment. If the answer is somewhere in between the analysis is more complicated

2a) no

2b) as a green card holder your employer will have to pay you only the minimum wage applicable to your locality. On the other hand, as a green card holder you can seek any job and compete for it on the same basis as US citizens

[newacct]

Note that one disadvantage of immigrating by being petitioned by a spouse is that, since you will have been married for less than 2 years at the time it is approved, you will become a conditional permanent resident, and you will need to apply for Removal of Conditions 2 years later, which is a lot of hassle to gather evidence of bona fide marriage again, and expensive (currently $680). If you immigrate through any other category you will become a non-conditional permanent resident.