Immigration Issues/I-485 and marriage

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QUESTION: I was sponsored by my mother who is an American citizen. At this point my visa became available and I am in the process of filling I-485 and other forms for permanent residency. I was in first preference that is: 'unmarried son of US citizen, the age above 21.'
My question is if I get married now, will my wife  be able to get a permanent residency at the same time with me. I am  not sure if we will be transferred to the third preference.  
If I can get married now and include my wife in the procedure, what are the chances that our case will not be transferred to third preference?
ANSWER: If you get married your case will be transferred to the 3rd preference and you will have to wait until yourmoms I-130 is current under that category. If you do not get married until after you get your I-485 approved, you will have to file for your wife after you get your residence and her case will take 5-6 years.

Regards,

Robert

---------- FOLLOW-UP ----------

QUESTION: in your opinion, how long would it take if we do can married now.  Would that be faster then waiting for me to get a green card and applying for my wife?
Would the case start from scratch or would my mom's case and the noticed date remain the same when I would add the marriage to my I-485 application?

thank you
ANSWER: First, I need to know when your mother filed the I-130 (priority date). If it was before February 1, 1999, you can get married and file an I-485 packet for you and one for your wife. If not you must wait from them to get from Febraury 1999 to when your mom filed. My guessis that this method would be quicker than her waiting for you to apply for her.

Regards,

Robert

---------- FOLLOW-UP ----------

QUESTION: The priority date on my mom's I-130 is (May 2, 2001).
I am in first category (U.S. Citizen sponsoring unmarried child age 21 or older).
My priority date is up and I can start to file I-485 and other  documents for green card.  I thing that process will take about 12 - 18 months.  
If I get married now I move to 3rd category (is any paperwork necessary or just wait for the priority date in that class to be up to date with my mom's I-130 and then file the I-485 and include my wife in it)
My estimate is that it will take about 2.5 - 3 years for the priority date to reach our filling.  It that right?

Or is it better for me to apply now, wait for the green card and then file I-130 for my wife?  (and would she than be ellegable for a work permit or how long do you thing that would take?

In your opinion what is the best way to complete this painful process.

Thank you very much,
Tom
ANSWER: You estimate of 2-3 years is accurate. Then yo8u would not just put her name on your I-485 but a whole Z-485 packet would have to be filed for her.

If you wait for you to get a green card, she would then be in the 2A category that is backlogged about 5 years and she would not be eligile to get it here until you were a citizen unless she is legal now and maintains her legal status until she files her I-485.

I think it is better to marry now and wait for the 3A category to reach 5/01.

Regards,

Robert

---------- FOLLOW-UP ----------

QUESTION: Thank you again for the help.
Just one more question.  If we wait till I have a green card and then file I-130 for my wife would she be able to file
work authorization.  (I was told that once I-130 is approved
then I-765 can be filed). Is this correct?

tom
ANSWER: NO. she can not file until her priority date is reached and she can file I-485.

Regards,

Robert

---------- FOLLOW-UP ----------

QUESTION: Thank you for the information.

We have decided to get married.
Do you have to file a form or inform the INS about our marriage now?  Or do I just wait and apply when the priority date is current?  

Also you mentioned form Z-485 (which I can't see on the INS web site.  Did you mean I-485 and other forms like (medical,  
work authorization and others)?

Thank you very much.  This information is very valuable to us.

Tom

Answer
You should file a copy iof your marriage certificate with a copy of the INS receipt at the office where it was filed and ask them to change the category from F1A to F3A. If the I-130 is already approved, it should be filed with the NVC. Then wait for the priroity date to be current under F3A and file I-485 packet for each of you.

Yes - I meant I-485 packet.

Regards,

Robert

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