I have received approval of my I140 from my employment based application on Nov 2006. I have not received an I485 yet. I was married to a US citizen in Dec 2009. In addition, I plan to apply for a marriage based green card under my new surname. Two questions: 1) Should I pursue whichever approval comes in first (from either application source)? 2) Do I need to update my current employment-based application to reflect my new surname?
As a preliminary matter, I recommend that you contact an immigration lawyer to review the I140 Employment Petition you filed prior and evaluate your marital situation in detail to assess the best immigration options for you.
However, in general, if your marriage is a bonafide marriage under U.S. immigration law, I recommend filing the Marriage Green Card Petition right now. Since you are married to a U.S. citizen, you have an immigrant visa immediately available to you. If you file the marriage green card, there would be no need to update the employment based application at this time.
Please contact our law firm if you need a more in depth evaluation of your case.
Good luck to you!
Nikiki T. Bogle, Esq.
BOS LEGAL, LLC
Phone: (800) 342-1733 ext. 101
I will agree with Nikiki because it depends on many factors such as the country where you were born, then how you feel about getting your greencard through marriage, etc. Talk to a good immigration attorney who understands both kind of cases. Our office has handle many marriage and employment based immigration cases. Check our website for more information on such cases.
Note: The above is provided for informational use only. One should not act or refrain to act based solely on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.