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

Olga

I believe it is true. Your I 140 and I 130 will be independent and
will not affect each other.With both, you are just ceking to be
qualified in their respective categories. You are not adjusting your
status. Petitions taht seek to modify, extent status or adjust status
to perm resident are the ones that cancel each other. So once you iled
I 485, you cant do it again. But I 130, I 140, and what else -- I 526,
I do not know,...you can file all those and then pick whichever one
you like more.
(Do you want to knwo my pick? I pick I-130. You get to be a citizen in
3 years rather than 5...in these times, makes a diference)


OB

"Etienne" wrote in message news:...
    > 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

Sylvia Ottemoeller

"Etienne" wrote in message
news:[email protected]...

    > 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?

When it comes to immigrant petitions, like I-130 and I-140, you are not
considered to be abandoning one by filing another. You may have to disclose
the previous filing of an immigrant petition on a subsequent immigrant
petition of any type; read the questions carefully.

    > 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.

You may request consular processing for one, and adjustment of status for
the other. You cannot properly file a second adjustment of status (I-485)
application without withdrawing a first I-485 that you have filed. You can
theoretically initiate two consular immigrant visa processes, but the
consular post will probably not like it, and will make you choose which one
you want when it finds out there are two.

You and your wife can simply file Form I-130/I-485 at the INS district
office for your residence, together with an I-765 asking for employment
authorization. An interview will be scheduled, and if all goes well you
will become a permanent resident at the interview. This site gives the
usual time between filing and interview for I-485s in most large INS
district offices: http://members.aol.com/MDUdall/instimes.htm. That way,
the I-140 may be approved, and you can simply ignore it (unless something
happens to your wife or your marriage and you end up needing it).

Etienne

Hi Sylvia and others that replied,

Thank you very much, sounds like I thought myself.
I will probably keep my I-140 with consular processing going and file the
I-130/I-485 as well.

By the way, also found out that if I become PR based on my employment based
application, I can still become a USC within three years. Requirements for
the 3-year term are being PR and marriage to USC. Doesn't matter what the
basis for the PR was.

Thanks and best regards,

Etienne


"Sylvia Ottemoeller" wrote in message
news:[email protected]...
    > "Etienne" wrote in message
    > news:[email protected]...
    > > 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?
    > When it comes to immigrant petitions, like I-130 and I-140, you are not
    > considered to be abandoning one by filing another. You may have to
disclose
    > the previous filing of an immigrant petition on a subsequent immigrant
    > petition of any type; read the questions carefully.
    > > 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.
    > You may request consular processing for one, and adjustment of status for
    > the other. You cannot properly file a second adjustment of status (I-485)
    > application without withdrawing a first I-485 that you have filed. You
can
    > theoretically initiate two consular immigrant visa processes, but the
    > consular post will probably not like it, and will make you choose which
one
    > you want when it finds out there are two.
    > You and your wife can simply file Form I-130/I-485 at the INS district
    > office for your residence, together with an I-765 asking for employment
    > authorization. An interview will be scheduled, and if all goes well you
    > will become a permanent resident at the interview. This site gives the
    > usual time between filing and interview for I-485s in most large INS
    > district offices: http://members.aol.com/MDUdall/instimes.htm. That way,
    > the I-140 may be approved, and you can simply ignore it (unless something
    > happens to your wife or your marriage and you end up needing it).