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I-140 approved through EB-3. Just got married with a US citizen, can I or should I file I-765 with I-485?

New York, NY |

My employer is sponsoring for my PERM (EB-3). I-140 is approved, still waiting for priority date to be current. Maybe a couple more years before that happens. I just got married with a US-citizen, and we are trying to file for I-485, can I also file for I-765 at the same time? I am thinking of changing jobs, so would it be more flexible to have a EAD so I am not tied to a company? Thanks!

Attorney Answers 5


  1. Sure, you can use your marriage as a way to get the greencard.

    BUT, don't forget the I-130 ... to be filed with the I-485/131/765/862 & G-325 forms.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  2. Congratulations on your marriage! No need to file an I-765. Once you are granted conditional residence status as a result of your marriage and I-485, you are eligible to seek employment and work in America.


  3. Stay with your current job until after you get your EAD card through your marriage -
    file all the required form along with Bona Fide Docs with USCIS.
    There are many forms that need to be prepared n filed, even you can legally do it. I'd STRONGLY recommend to hire an attorney


  4. Sure you can file i 765, with the whole adjustment package. I would recommend to have an attorney helping you, just because people in EB3 often trying to adjust based on 245(i)...

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com

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