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Murican

Marrying spouse here who is on EB2-NIW, questions on adjusting status from that to i-130

By Murican in Adjustment of Status from Work, Student, & Tourist Visas

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Murican Rookie

Murican   1

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Filed: Citizen (pnd) Timeline
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My wife is on EB2-NIW when we got married, she filed for it last year and has already gotten work permit, and SSN. She works and goes to school. she is in the process of waiting for her green card to be approved.

I wanted to know if I should just file I-130 / I-485 (plus other necessary forms; I-864, I-131 etc) for her. Is it complicated? What other information should i be aware since she is already in a process. do we have to cancel that EB2-NIW process and start a new one where i file for here?

What do i need to know for this situation

 

thanks in advance

thanks

 

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randomstairs Community Regular

randomstairs   303

Posted
Filed: Citizen (apr) Timeline
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1 hour ago, Murican said:

do we have to cancel that EB2-NIW process and start a new one where i file for here?

No, you don't need to cancel the current application. Why not just wait for her NIW GC to be approved? 

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

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Murican Rookie

Murican   1

Posted
Filed: Citizen (pnd) Timeline
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Posted
18 hours ago, randomstairs said:

No, you don't need to cancel the current application. Why not just wait for her NIW GC to be approved? 

Oh I thought the path to citizenship via I-130 was better than going via EB2-NIW...
So it looks like I can just file an AOS and enter all the necessary info (like her A number, SSN etc) when filling out the forms
 

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randomstairs Community Regular

randomstairs   303

Posted
Filed: Citizen (apr) Timeline
Posted
16 hours ago, Murican said:

Oh I thought the path to citizenship via I-130 was better than going via EB2-NIW...
So it looks like I can just file an AOS and enter all the necessary info (like her A number, SSN etc) when filling out the forms
 

It doesn't matter which type of the AOS you chose in terms of naturalization. Being married to a USC will make it faster but that's true regardless of how one obtained the GC. Anyways, you don't have to cancel one to apply for another. 

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

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OldUser Veteran

OldUser   6,633

Posted
Timeline
Posted (edited)

How long have you been married @Murican?

If under 2 years upon receiving marriage based GC, she'd have to go through I-751.

I'd allow her just to continue on EB2-NIW. That way you also don't have to sponsor your wife (financial liability).

 

Seems like she has a clean, simple path to GC and citizenship. I wouldn't disrupt it.

Edited by OldUser
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