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老婆绿卡，我有一问题

老婆绿卡，我有一问题# Immigration - 落地生根

b*r2011-12-10 08:12

1 楼

老婆12/09/2011收到绿卡。我们当时没结婚，所以我直到11/06/2011才交了485。现在
我在自己的H1B上，还没有收到EAD/AP，还没有打指纹。
1）我可以用follow-to-join来加速自己的绿卡吗？还是耐心的等11/06/2011交的485？
2）如果我没了工作，还能再用follow-to-join？我看follow-to-join，如果你人在美
国的话，要求我保持合法身份。如果我没了合法身份，我怎么办？我知道是可以去本地
的学校转F1的。
3）有其他方法加速自己的绿卡吗？

h*e2011-12-10 08:12

2 楼

交了485，据说在未决之前都是可以合法呆在美国的，所谓AOS，不过不可以转F等非移
民签证了。

【在 b********r 的大作中提到】

: 老婆12/09/2011收到绿卡。我们当时没结婚，所以我直到11/06/2011才交了485。现在
: 我在自己的H1B上，还没有收到EAD/AP，还没有打指纹。
: 1）我可以用follow-to-join来加速自己的绿卡吗？还是耐心的等11/06/2011交的485？
: 2）如果我没了工作，还能再用follow-to-join？我看follow-to-join，如果你人在美
: 国的话，要求我保持合法身份。如果我没了合法身份，我怎么办？我知道是可以去本地
: 的学校转F1的。
: 3）有其他方法加速自己的绿卡吗？

T*y2011-12-10 08:12

3 楼

When did you get married? Was it before 12/9/2011? Then you could submit
your marriage based 485 any time, before or after your wife got her
green card (this is not called follow-to-join, that is for spouses not
in US). However, it seems that you haven't submitted your FB 485, and
the first 485 was submitted on 11/6/2011, right?
I don't think that the 485 processing time differs much in EB
(employment based) or FB (family or marriage based). What they differ is
just the PD time, which is of no concern to you now.

Perhaps there is no effect in speeding it up by submitting another 485.
pjiang talked about multiple 485s and duplicate filing of 485s, and you
can check out his wenxuecity blog.
Perhaps it's better that you just wait.
For your EB 485, it is better to have a job offer in hand, in case of
RFE on that. In the worst case, you can submit a new FB 485, if your
total household income meets the requirement.
I guess not yet. If the processed time reported on USCIS website is
later than your receipt date, you can request SR (service request). Or
you can ask the congressman to send a letter to USCIS, etc.

【在 b********r 的大作中提到】

C*d2011-12-10 08:12

4 楼

485如果没有排期, 是按照receive date来处理的, 你就算能follow to join, 也不能
加速

【在 b********r 的大作中提到】

b*r2011-12-10 08:12

5 楼

Thanks a lot TrueStory. Your reply in really helpful!!
Here is more background.
1) My wife submitted her 485 in 2007, when we were just gf/bf friends but we
did not want to rush to marriage.
2) We then got married in 2009, well before her GC was approved on 12/09/
2011.
3) On 11/04/2011 I filed my 485 as her dependent when her GC was not
approved but PD turned current.
4) Now her GC is approved. I have 485 receipt # but status is still in
initial check.
Questions here:
1) Is my 485 family based or employment based. My wife's 485 was employment
based, so I guess mine is employment based, on my wife's employment. I am
now working and just got perm approved.
2) Now my wife got her GC, will this turn my 485 from employment based to
family based?
3) Let us say worst case both me and my wife lose our jobs, and then which
employment my 485 will be based on? Or since my wife has got her GC I am
free to file a family based 485 anytime we want.
Thanks a lot gurus!

【在 T*******y 的大作中提到】

: When did you get married? Was it before 12/9/2011? Then you could submit
: your marriage based 485 any time, before or after your wife got her
: green card (this is not called follow-to-join, that is for spouses not
: in US). However, it seems that you haven't submitted your FB 485, and
: the first 485 was submitted on 11/6/2011, right?
: I don't think that the 485 processing time differs much in EB
: (employment based) or FB (family or marriage based). What they differ is
: just the PD time, which is of no concern to you now.
:
: Perhaps there is no effect in speeding it up by submitting another 485.

T*y2011-12-10 08:12

6 楼

I see. Sorry that I misunderstood one thing before, as I thought that your
485 was based on your own employment. Now that your wife was the principal
applicant, your 485 was already based on your marriage.
Now that your wife has already got her green card, she doesn't have to worry
about losing her job any more. Even if she lost her current job, she could
take as long as she needed to find a new job. Also, your status is safe,
even if you lose your H1, you'd be in AOS, and it is totally legal for you
to wait for your green card here.
Timing-wise, there's perhaps nothing much you can do. You wish that your
green card processing could be quicker since your wife's green card is
already in hand, but there's nothing much one can do. But at least you don't
have to worry about your status any more. Just wait.

b*r2011-12-10 08:12

7 楼

Thanks a lot!

worry
could

【在 T*******y 的大作中提到】

: I see. Sorry that I misunderstood one thing before, as I thought that your
: 485 was based on your own employment. Now that your wife was the principal
: applicant, your 485 was already based on your marriage.
: Now that your wife has already got her green card, she doesn't have to worry
: about losing her job any more. Even if she lost her current job, she could
: take as long as she needed to find a new job. Also, your status is safe,
: even if you lose your H1, you'd be in AOS, and it is totally legal for you
: to wait for your green card here.
: Timing-wise, there's perhaps nothing much you can do. You wish that your
: green card processing could be quicker since your wife's green card is