Etienne

Hello All,

I hope someone has some input to my GC application process.

My employer has filed an I-140 for me (EB1-3, international
manager/executive) which is being processed right now but taking some time,
I tried to get consular processing to speed up (live in US now, on H1B
visa).

In meantime, I got married to a US citizen.
Last time when I entered the US with my wife, the INS inspector (very nice
and helpful by the way) told us that it might be a good idea to file the
I-130 as well, just as a backup because economy is bad. He said that I will
just get permanent resident status based on whichever petition will be
approved first.

I am wondering if this is true. Aren't you considered to be abandoning the
first petition if you file a second one?
I remember reading something like this somewhere but am not sure.

Also, would it be a bad idea to request consular processing for one
petition, and adjustment of status for the other, or doesn't it matter?
For my filed I-130, I considered my country of citizenship (Netherlands) as
my country of residence/where I live permanently to get consular processing,
although I live in the US.

Thanks,

Etienne

Folinskyinla

Hi:

You don't say when your I-140 was filed. As of July 30th, 2002, the INS reinstated the prior practice of allowing joint I-140/I-485 filings. If you have not filed an I-485 -- you can file one with the Service Center to be considred concurrently with the I-140.

At the same time, your spouse can file the I-130.

The problem that arises is that family 485's start with the local districts, while employment based 485's start with the service centers.

However, there is nothing at all wrong with having two different visa petitions going -- a choice is made only when the adjustment is to be approved! The law has always allowed multiple visa petitions for whatever categories you may be eligible for.

Talk to an attorney on this one.

Paulgani

"Folinskyinla" wrote in message
news:[email protected]...
    > However, there is nothing at all wrong with having two different visa
    > petitions going -- a choice is made only when the adjustment is to be
    > approved! The law has always allowed multiple visa petitions for
    > whatever categories you may be eligible for.

OK, someone enters on a K-1, marries, and files AOS. Can their spouse then
file an I-130 for Consular Processing, and then choose which interview comes
first?

Paulgani