I have an Indian passport with current L1A visa- approved EAD, pending AOS, priority date of Feb 2016. I even had my GC interview an year ago. I have been married to a US citizen for almost 2 years now. Since the priority date for Indian passport is not moving, do you suggest I change my application from employment based to spouse sponsored? Will this be faster and how much will it cost?
A US citizen may petition a spouse filing form I-130 the petitioned spouse may file an AOS application or interfile the approval into a pending AOS application.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
Yes, you could do that, however, there are many "pros and cons" of "employment-based" vs. marriage to USC-based "green card." Discuss a lawyer.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 26 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Clearly, your citizen spouse should sponsor you for a green card asap. Don't bother hiring an attorney unless you have an issue (i.e., criminal conviction, fraud, etc.)
Please see https://www.avvo.com/legal-guides/ugc/green-cards-through-marriage
Carl Shusterman (former INS Trial Attorney, 1976-82) has 40+ years of experience practicing immigration law. He is a Certified Specialist in Immigration Law who has testified before the U.S. Senate Immigration Subcommittee as an expert witness. He was featured in the February 2018 issue of SuperLawyers magazine. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
IR petition adjudicates in about 6 months. USCIS fees - $1500 approx
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