I-140 Approved, I-485 Pending, and Want to file I-130 with my wife

[kelvinnkn]

Hi guys.

I am currently EB3 ROW filed combo concurrent, got I-140 approved, and pending I-485, not yet having the interview.
I recently marry a US citizen and both of us would like to file I-130 for my EAD and GC.
Is it okay to file two petitions? Will they confuse USCIS?

Sincere.

[newacct]

Hi guys.

I am currently EB3 ROW filed combo concurrent, got I-140 approved, and pending I-485, not yet having the interview.
I recently marry a US citizen and both of us would like to file I-130 for my EAD and GC.
Is it okay to file two petitions? Will they confuse USCIS?

Sincere.

It's okay to file two petitions, and possibly two I-485s, at the same time. But why would you? Unless you want to stop working or something, it seems to me that immigrating through your spouse has no advantages, and some disadvantages, compared to immigrating through employment. If you immigrate through being petitioned by a spouse, and you are married for less than 2 years at the time you become a permanent resident, you will become a conditional permanent resident with a 2-year card. And you will have to apply for Removal of Conditions (with a $680 fee) and provide evidence of bona fide marriage all over again. You avoid that hassle if you immigrate through employment, where you will become a non-conditional permanent resident. You can already get EAD and AP for free from your existing I-485. So I don't understand why you would want to do another one.

[kelvinnkn]

It's okay to file two petitions, and possibly two I-485s, at the same time. But why would you? Unless you want to stop working or something, it seems to me that immigrating through your spouse has no advantages, and some disadvantages, compared to immigrating through employment. If you immigrate through being petitioned by a spouse, and you are married for less than 2 years at the time you become a permanent resident, you will become a conditional permanent resident with a 2-year card. And you will have to apply for Removal of Conditions (with a $680 fee) and provide evidence of bona fide marriage all over again. You avoid that hassle if you immigrate through employment, where you will become a non-conditional permanent resident. You can already get EAD and AP for free from your existing I-485. So I don't understand why you would want to do another one.

My case is that my EB3 is in WA and my spouse is in MN with me. Just wonder if I can consider switching employer so that I can stay here rather than travelling somewhere else.
I know any number of petitions can be filed but only ONE I-485.

[newacct]

My case is that my EB3 is in WA and my spouse is in MN with me. Just wonder if I can consider switching employer so that I can stay here rather than travelling somewhere else.
I know any number of petitions can be filed but only ONE I-485.

You can switch employers as long as your I-485 has been pending for at least 180 days, and your new job is similar to the one that petitioned you. Then, even if the petitioning employer withdraws their I-140, it won't affect your process.