EB2-I I-485 pending, using AC-21, getting married and filing spouse I-485

[Kartssa]

I have a somewhat complicated scenario.

 

I'm an Indian citizen and my I-140 was approved over two years ago and my I-485 has been pending for over a year. I've used AC-21 to switch jobs with my EAD to a major bank.

 

I plan on getting married to my girlfriend who is born in the Netherlands and is in the USA on a G-1 diplomat (dependent) visa. 

 

1. Can she file her I-485 after we get married and get her EAD immediately? I'm hoping this isn't an issue given I've changed jobs.

2. Will we be able to use cross-chargeability so that both our I-485 applications fall under EB2-ROW instead of EB2-I, given her country of birth?

 

Thanks

[Belle]

1. She can file her I-485 and EAD. the approval for EAD will take a couple of months.

2. Yes, to file, she will have to use cross chargeability. So will you.

[Kartssa]

That's great, thanks.

 

Regarding the cross-chargeability, given I've already filed my I-485, will I need to amend the application or file a new I-485?

[Belle]

When your wife sends her application, include a letter requesting cross chargeability for your application. Since they can't accept her petition unless they cross charge yours, it should be done in one step.

[Kartssa]

My situation has slightly changed so let me restate it:

 

I'm an Indian citizen and my EB-2 I-140 was approved over two years ago and my I-485 has been pending for over a year. I've used AC-21 to switch jobs with my EAD to a major bank.

 

I plan on getting married to my girlfriend who was born in the Netherlands, is a dual Spanish/Dutch citizen and lives in Spain. Her previous G-1 visa has been canceled and she had to return to Europe.

 

1. Can she apply for consular processing while I keep my I-485 pending, and both of us get approved using cross-chargeability? Is there a certain sequence that needs to occur here?

 

2. If we both have to change to consular processing:

(a) Can we use cross-chargeability ?

(b) Would it need to be a consulate in India, Holland or Spain?

© Will my EAD (expiring March 2015) remain valid and I can continue to work? Will I be able to renew it in case the consular processing date is after the expiration date? i.e. any potential gap in employment.

 

(d) Is there a significant risk going this route?

 

3. If she comes to the US on a B-2 or F-1 visa and we get married 90+ days after her arrival, will we have any issue filing I-485 for her with cross chargeability?

 

Thanks

[catx]

Your case is getting more complicated with your second post.  The best advice is to consult with an experienced, qualified immigration attorney, who will review your entire situation and let you and your girlfriend know your options, for which there would seem to be several with timing and place of getting married, adjustment of status versus consular processing, cross-changeability.

[t75]

She should not be able to get B2 or F1 since she has immigrant intent. Do not try to go this route. You need to follow the law.