Dear Atty. Claudio, I am a software engineer with a pending immigrant petition from a California-based IT company. Now, my US citizen boyfriend and I want to get married here in Davao and would like to apply for a spousal green card because it might be faster.
1. Is it possible to have two different types of green card applications- the employment based (EB3) green card, and spousal green card (IR1)?
It is not uncommon for individuals to have an employment based immigrant visa petition and while it is pending, fall in love with and marry a US citizen. As a result, US immigration law allows them to have more than one immigrant visa petition filed and pending at the same time.
For example, it is permitted to be the intended beneficiary of a Form I-130, Petition for Alien Relative (IR1), while also being the intended beneficiary of a Form I-140, Immigrant Petition for Alien Worker (EB3). Just be sure that there is full disclosure on the second petition that the first petition was filed and remains pending.
2. Which is faster, employment-based or spousal?
Spousal visa applications are faster to process because of the retrogression and the unavailability of visas under employment based category 3 (EB3). Because your spouse is a US citizen, which in turn classifies you as an immediate relative, your path to obtaining a green card should be approximately 12 months from the date your husband files the Form I-130 visa petition, provided you are otherwise qualified, every form is filled-in properly and all of the appropriate supporting documents are attached and complete.
3. How about applying for a tourist visa, I heard this is the fastest?
A tourist visa cannot be used in lieu of a spousal visa, because the intention under a spousal visa is PERMANENT residence in the US while the tourist visa intention is merely TEMPORARY stay in the US. Even if the stated purpose in your tourist visa application is merely for vacation and you have all the intention to return to the Philippines, chances are you will still be denied because you will have to declare that there are two pending green card applications (EB3 and IR1). Failure to declare such constitutes fraud, which in turn is a probable ground for your green card denial. Best advice is to be patient and wait for your spousal visa.
(This article merely serves as general info that may or may not apply to your case. It is recommended to seek the advice of a US immigration lawyer who can help you explore your US visa options. The author is a member of the Philippine and New York Bar. As a New York lawyer, he is authorized to practice US Immigration law. For those interested in getting a US tourist visa, you are invited to attend an in-depth live seminar featuring tips on how to increase your chances for an approval. For more details, please contact Globex Immigration Alliance Services, Telefax 2222702, globexia@gmail.com and visit our website at www.globex.justia.net.)
