Immigration Site

Hi I am new to i-130 and try to get some advice here. I am green card holder (not citizen) and my wife was trying to get her green card by employer based. We have got married over 2 years but I got my green card before we got marriage. She has filed I-480 over 2 years and under AOS status. Since she was filed by EB3, the priority day moves very slow and she prob wont get her green card by next 3 years with current speed. I just saw i-130 priority day with GC sponsor is Jan 2010 now(I still cant believe why it is so fast now). I have couple question here.

1. Is it worthy to apply i-130 for her even she has filed I-485
2. Does I-130 application affect her employer based application (we dont want any side effect)


Thanks for any advice.

1. Yes
2. No

Thanks for the answer.

Another question, can we file FB I-485 together with I-130 now? is AP available for FB 485 case? she need travel outside US sometime.

If you were a US citizen, you could file the I-485 and I-130 together. But you are not, so first you need to file the I-130 to establish an FB priority date. Then it is necessary to wait for them to reach your FB priority date before the I-485 is filed.

If she needs to travel outside the US, she can do that and reenter with a valid H1B or L1 visa if shes still working for the same employer in the same H1B/L1 job. Otherwise, she can get AP based on her existing EB 485.