Getting Green Card through marriage after PERM process has already been completed by employer

Asked over 1 year ago - Mooresville, NC

My employer applied for my Green Card and is in the PERM process. I will be getting married to a US Citizen next year, by which time the PERM process may have completed or nearing completion. Can I simply change my GC process to filing through marriage after that? I understand that the fees and forms associated with that process are different than if filed by employer. What are the pros and cons of doing so?

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20

    7

    Lawyers agree

    Answered . If you are trying to save on I-485 fees, no.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. J Charles Ferrari

    Contributor Level 20

    6

    Lawyers agree

    Answered . Too many variables to address through Avvo.

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Philip Alan Eichorn

    Contributor Level 19

    4

    Lawyers agree

    Answered . This is a tactical decision. Will the marriage based green card be approved before the I-140 is approved and priority date is current? If your marriage is less than two years old at the time the benefit is granted, your green card will come with conditions that you'll need to remove two years later. This doesn't happen with the employment based card. Will your employer pay the fees for the marriage based card if they are less than the employment based fees? I suggest you retain counsel and discuss.

  4. Robert Louis Brown

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . if you obtain residence through marriage and the marriage is less than two years in existence at the time you will receive conditional residence and will need to file a separate application to have the condition removed two years later. The residence through the employer does not have the condition attached.

    You will be well served to have a consultation with an immigration attorney as your wedding day draws near to assess the prognosis of the resident status through employment versus through the marriage.

    919.225.3963
    immigration@rbrownllc.com
    www.brownimmigrationNC.com

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