Family-based Green Card and marriage based Green Card at the same time.

Asked about 2 years ago - Falls Church, VA

I have a family-based AOS application pending with immigration.

I am also dating a US citizen for the past year and we plan on getting married soon. Can I apply for a marriage based Green Card at the same time? If yes, I have the following questions -

- If one application is approved, how will the other application be affected?
- I have an EAD currently which I am using to work for my current employer. If family-based application is denied and I have filed for EAD on marriage-based application, can I still work on my family-based GC EAD until I get my marriage-based application?

Any help is appreciated.


Attorney answers (4)

  1. Lisa A. Tehlirian


    Contributor Level 13


    Lawyers agree

    Answered . I would advise consulting with an immigration attorney to determine the processing time for your current family-based AOS application. If your visa number is current, and your AOS is pending normal processing times, it may be advantageous to await a decision on your current case.

  2. Inara Khashmati


    Contributor Level 13


    Lawyers agree

    Answered . You should speak with an attorney in person so all this can be explained to you in great details. Good Luck!

  3. F. J. Capriotti III

    Contributor Level 20


    Lawyers agree

    Answered . Do not have two 'dueling' applications pending at the same time.

    Meet with an attorney to see if it makes sense to withdraw the pending one and 'switching' to a marriage-based one.

    Franco Capriotti - Senior Immigration Counsel
    CAPRIOTTI INTERNATIONAL LAW -- 1-503-803-0055 --

    IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only.... more
  4. Ricky Malik

    Contributor Level 13


    Lawyer agrees

    Answered . All you're doing is betting on more than one horse. First one that gets you to the finish line will work just fine. Generally 'no' on working on EAD based on a denied petition.

    Ricky Malik, Esq.

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