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Old 07-17-2014, 06:10 PM
 
1,449 posts, read 2,355,688 times
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say you happen to hook up with a LPR/US citizen after you get your EB greencard and marry them soon after. are you required to get a marriage based GC or will the EB one suffice?

of course, marriage based GC will make it easier to attain US citizenship (3 years vs 5 years) but all the application hassle (plus the interview) makes me think that it's just not worth doing it after attaining the EB greencard.
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Old 07-18-2014, 06:26 AM
 
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How you handle your legal status depends on your personal preference and circumstances.
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Old 07-18-2014, 09:07 AM
 
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Quote:
Originally Posted by Threestep View Post
How you handle your legal status depends on your personal preference and circumstances.
i just wanted to know if one is REQUIRED by USCIS to get a marriage-based GC upon marrying a LPR/US citizen even after getting an EB greencard. i just would hate it if you have to file for another GC all over again.
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Old 07-18-2014, 09:44 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,729,597 times
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Quote:
Originally Posted by zilam98 View Post
i just wanted to know if one is REQUIRED by USCIS to get a marriage-based GC upon marrying a LPR/US citizen even after getting an EB greencard. i just would hate it if you have to file for another GC all over again.
Of course you don't. A "green card" is a "green card" period and affords you permanent resident alien status however you get it.
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Old 07-18-2014, 08:02 PM
 
Location: North Carolina
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As STT says, you don't. Plus, the shorter period toward eligibility for naturalization isn't based on how you got your green card. It's based on the fact that you're married to a U.S. citizen. So, you can get your permanent residence through employment, marry a USC, and apply for citizenship in three years.
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Old 07-19-2014, 07:06 AM
 
24,597 posts, read 10,921,225 times
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Quote:
Originally Posted by zilam98 View Post
i just wanted to know if one is REQUIRED by USCIS to get a marriage-based GC upon marrying a LPR/US citizen even after getting an EB greencard. i just would hate it if you have to file for another GC all over again.
Green Card is Green Card. I cannot tell you if the 5 year to Naturalization can be modified to 3 year. Maybe someone will post an answer with link.
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Old 07-19-2014, 08:48 AM
 
Location: North Carolina
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The eligibility criteria for the 3-year wait is at Naturalization for Spouses of U.S. Citizens | USCIS

Note that, while being married to a USC is required, nowhere does it say that you must have acquired your green card via that marriage.
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Old 07-19-2014, 09:35 AM
 
Location: NoVA
832 posts, read 1,418,448 times
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Quote:
Originally Posted by zilam98 View Post
say you happen to hook up with a LPR/US citizen after you get your EB greencard and marry them soon after. are you required to get a marriage based GC or will the EB one suffice?

of course, marriage based GC will make it easier to attain US citizenship (3 years vs 5 years) but all the application hassle (plus the interview) makes me think that it's just not worth doing it after attaining the EB greencard.
If you already have your green card, then you can't "readjust" based on marriage.

If you have an EB green card and marry a USC the day after you get it, you can still apply for citizenship in three years provided you meet the requirements of 319b. There's nothing in the law which says you can only get 319b approval if you got your green card based on marriage.

Either way will require you've met the requirements of 318, which means more paper work and questions regardless.
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