best option for applying Green card for my spouse

[Raven_Lewis]

I'm a US Citizen. I'm applying Green card for my spouse in few weeks. Her situation is that the company she is working is willing to apply GC for her. They have already applied labor certificate last year and has been approved. My question is which will be a better option for her. Is it better and faster through Marriage or through her company. Also will there by any problem later if we go through both process now. Please advice on whats the ideal process to follow.

 

[FlyingRon]

Well absent knowing just what sort of visa the company is applying for, we wouldn't know. The advantage of using your spousal status is that it persists after her job situation ends. The other advantage is there's no cap or preference category, so the processing should be the normal bureaucratic delays of 5-9 months. Yes, you may do these things concurrently. Of course, her employer is going to expend a lot of money that wouldn't be necessary if she could come in on a spouse-of-citizen basis.

 

[NeilTheCop]

Where is your wife now?

 

[Raven_Lewis]

Where is your wife now?

She is in US.

 

[FlyingRon]

She is in US.

On what basis?

Anyhow, you should get yourself to an immigration attorney and I'd suggest you go ahead and apply for a change of status based on your marriage. The downside is that she should not leave the US while this is pending.

 

[Raven_Lewis]

On what basis?

Anyhow, you should get yourself to an immigration attorney and I'd suggest you go ahead and apply for a change of status based on your marriage. The downside is that she should not leave the US while this is pending.

so u mean she can't leave US as long as her conditional GreenCard is approved if we plan to go though marriage.

 

[Raven_Lewis]

Well absent knowing just what sort of visa the company is applying for, we wouldn't know. The advantage of using your spousal status is that it persists after her job situation ends. The other advantage is there's no cap or preference category, so the processing should be the normal bureaucratic delays of 5-9 months. Yes, you may do these things concurrently. Of course, her employer is going to expend a lot of money that wouldn't be necessary if she could come in on a spouse-of-citizen basis.

Her company is applying for her labor certificate next month. So, applying concurrently on both case is fine?

 

[FlyingRon]

Concurrent application is fine.

If she applies adjusts status, it is likely to be a bad to leave the country BEFORE that adjustment is approved.

You've still not indicated on what basis she is now present in the US. That also makes a difference.

The conditional green card will only be issued after you apply which she can only do after you are married. Once she has the conditional green card she can travel as she pleases (she would do well to not spend EXTENDED time outside of the US, lest they consider her to have abandoned the permanent residence).

 

[Raven_Lewis]

Concurrent application is fine.
If she applies adjusts status, it is likely to be a bad to leave the country BEFORE that adjustment is approved.

The conditional green card will only be issued after you apply which she can only do after you are married.

Thank you for your reply. She is in TPS maintaing her F1 Status right now.

 

[FlyingRon]

Thank you for your reply. She is in TPS maintaing her F1 Status right now.

OK, yes, once you are married, apply for permanent residence for her.

 

[Raven_Lewis]

OK, yes, once you are married, apply for permanent residence for her.

one more question. Do u recommended for both-Marriage based and Employment-based application for greeen card concurrently or just go with Marriage-based process?

 

[FlyingRon]

The company is going to expend a lot of money getting an employment based authorization which they may be a little annoyed if it turns out was not necessary.

 

[t74]

Marriage based alone is sufficient.