Employment based green card when spouse is a US citizen


shm123

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I am an Indian national and I have my I-140 approved in the EB3 category. I recently got married and she is a US citizen. Instead of applying for a marriage based green card, does anyone know if I can continue with my employment based green card and apply I-485 since she is US born and does not fall under the cap for China and India.

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  • 1 month later...

Applying the GC through spouse is recommended .Initially you will get temp  GC for 2 yrs.

 

For GC through spouse being a US Citizen , total time for applying for Citizenship is 3 yrs from the day you get your temp  GC. so you have this benefit too.

 

Typically you need to wait for 5 yrs to get citizenship if you have Employment Based GC.


 

Only catch is make sure you are living  together with spouse while applying for permanent GC after 2 yrs :)

 

 

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