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Greencard from spouse vs greencard from employer

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  • Greencard from spouse vs greencard from employer

    Hello,
    I am currently working for a US employer under H1B status and the employer has recently requested me to send information to initiate I140 application. I also have a american citizen as girlfriend to whom I'll get married in another year. Would it make sense to apply for greencard via the employer or wait for the marriage and then apply for marriage greencard? How long would it take for approval in both cases?

    Thank you,
    Somesh

  • #2
    Why not pursue both routes and see which one succeeds first? Immigrating as a spouse has the disadvantage that you will become a conditional permanent resident, and you will have to apply for Removal of Conditions 2 years after getting your green card. On the other hand, employment-based cases are complicated and sometimes get denied and it will also force you to stay with your job, at least until 180 days after I-485 is filed.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Thank you for your comments. Is it okay to pursue both routes for greencard at the same time? Would USCIS see this as an issue?
      I would like to apply via the employer but based on experiences from my colleagues, i485 approval is taking more than 1.5 years now.

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      • #4
        Originally posted by somanesh View Post
        Thank you for your comments. Is it okay to pursue both routes for greencard at the same time? Would USCIS see this as an issue?
        I would like to apply via the employer but based on experiences from my colleagues, i485 approval is taking more than 1.5 years now.
        Yes. You can have any number of green card petitions for you, being processed at any point of time.
        Just an opinion; Not legal advice.

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        • #5
          For some people, especially newlyweds, they try to save money. I guess you don't have to pay for the EB process but will have to pay for the FB process and get a conditional GC that will have to pay some more after 1.75 years to remove the conditions. Don't rush your wedding just to start the GC process. Congrats and good luck.
          Nov 2018 - Package sent - EB - Texas Service Center
          Day 1 - Package received at the lockbox
          Day 999 - Card delivered to me - Aug 2021
          ---
          All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

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