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martin99

Can I start the marriage-based application WHILE having my employment-based I-485 pending?

By martin99 in Adjustment of Status from Work, Student, & Tourist Visas

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martin99 Newbie

martin99   0

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Hi everyone,

 

I just discovered this community. I feel so lucky with all the info from threads that I have read so far. 

 

As the title, I am currently having my I-485 pending based on the employment EB-3. However, we decided to pursue the marriage-based application (since EB-3 took too long). Husband is US-citizen.

 

Is it possible to file another I-485 on marriage-based while I have one currently in pending on employment-based? Is there any consequence doing so? I talked to a lawyer, and he said that I should talk to my employer to withdraw my current I-485 BEFORE starting the marriage-based application.

 

Thing is, I don't want to do that because if I drop my EB-3, I will be out-of-status. I was on F-1 to EB-3. I dropped F-1 status and currently in PR Pending EB-3 only. 

 

Any insight helps! Thank you very much!

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pushbrk Grand Master

pushbrk   12,868

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Can?  Sure.  I would advise against it though.  LPR status is LPR status.  No reason to think going the spouse route will catch up and get ahead of what you've already filed.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Crazy Cat Grand Master

Crazy Cat   41,809

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Filed: Citizen (apr) Country: Taiwan
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***Topic moved to the AOS From Work, Student, and Tourist Visa forum***

***2 duplicate topics removed.  Please do not post same question in multiple forums***

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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