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Approved I-140 ,now getting married to US Citizen

Cambridge, MA |

Hi , I have approved I - 140 and waiting for my priority date to be current which I estimate would take at least 1 . 5 years . I am planning to marry a US citizen who was born in US . My question is Can I do cross changeability and file for my I - 485 in this case ? or she has to apply to get me a conditional green card . I will get permanent green card in first case in less than 6 months .

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Attorney answers 6


Your wife would have to file and I130 and I485. The I140 does not carry-over. You would also receive a two year conditional green card through your wife.


No you cannot. You have to follow the standard and very known procedure, just like anyone else. The inquiry is going to be whether your marriage was not does for purposes of evading immigration laws in order to avoid the 1.5 years wait on your I-140 based adjustment.


Your US Citizen wife would have to file an I-130 as USCIS has to decide whether they think your relationship is bona fide. You can file for adjustment of status at the same time though. You should get a conditional green card in about 6 months, assuming there are no obstacles to adjustment. Good Luck.

Massachusetts Immigration Attorney
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Dwight David Myfelt

Dwight David Myfelt


The only real risk in waiting on your old case is the unreliability of priority date movements. You may be close now, and suddenly experience a significant delay. I suggest moving forward with the case based on your marriage.


The US does not have any priority date as a country of chargeability since someone from the US does not need to get an immigrant visa. If you marry a US citizen, she or he can file for you to immigrate if you wish.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


I agree with my colleagues. Your wife would file the I-130 and, concurrently you would file I-485 to adjust status. Assuming it is determined you have a legitimate marriage, approval will be granted in due course.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.


You should consult an immigration lawyer. Cross-chargeability does not apply to you if you marry a U.S citizen. The marriage has to be valid to obtain permanent residence through the marriage. Many attorneys offer free consultations. Call around. Good luck to you.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
T: (201)875-2600
F: (201)549-8700

Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on are intended as general information for the education of the public, and not for any specific individual.

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