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Currently On I140 And Marriage Plans

Discussion in 'Keeping your green card' started by Peterlasking, Aug 5, 2015.

  1. Peterlasking

    Peterlasking New Member

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    Hi Ron,
    I been reading your expertise suggestion to everyone from long time. we all know how much lucky we all are to get straight forward answers from you. I think i would appreciate greatly if you can suggest me in my situation.

    I am on approved 140(Indian), and in love with a girl from Europe.(who is back in Europe right now). We both love each other and contemplating marriage so that she can come and stay with me. I have the following questions i want to find out the answers for.

    Q1) If I marry her right now, would she also get I140 Immediately ?

    Q2) If I marry her, using her U.K. country of birth, can we both immediately apply for I485 ? so that she can work with EAD here.

    Q3) After filling 485, would we also get green card sooner as her Country of birth has no backlogs?
    or because of the primary application me (Indian) , it would take long time to get GC after 485 is approved.

    Q4) This question is completly out of curosity, because we both want to know inside out.
    because no one of us is USA citizen or Permenant residency, is there any conditional Greencard we recieve ?
    or because we married in I140 approved stage, our GC does NOT have any conditional clause

    q5)if god forbid, after we get married and get greencard and after few years if our marriage falls apart
    but what happens god forbid our marriage falls apart after that, does our GC is still valid ?

    I appreciate you efforts in advance, in taking time to answer them.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you marry, you may both apply for adjustment of status immediately. You will be cross charged to the Worldwide quota and she will be eligible through your I-140.
     
  3. Peterlasking

    Peterlasking New Member

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    Thanks Ron for the quick reply,

    Then in that case, after our 485 gets applied and approved. would we get green card under world wide quota 485 (which is quicker) or would be have to wait like Indian 485 (from what i heard there are limited number of GC given to every country and india has back logged) ?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You will be chargeable to the Worldwide quota - which has no backlog.
     
  5. Peterlasking

    Peterlasking New Member

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    Ron,

    Incase of using WorldWide quota Chargebility, Do we have to file I-130 or since I am employment stream just file 485 using employment stream and not Family Stream?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, you will still be EB, just Worldwide instead of India. You don't have to file anything, other than proof of your wife's place of birth and your marriage certificate. It would be a good idea to spell all of this out in a cover letter.
     

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