If I marry a US citizen, will that hurry up my application process? 3 Answers as of February 07, 2011

I already applied for a green card and residency through my sister, who is a U.S citizen and I paid about $1600 to file the I-130 and the I-485. Now I want to marry to my girlfriend who is also a U.S. citizen, to speed the process. Am I going to pay the same amount to file my documents again? Or the will keep a track of my previous file so I wont have to do everything over again?

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Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
To apply for adjustment of status through a U.S. citizen sibling, your I-130 petition would have had to been filed more than 10 years ago. If so, assuming your adjustment of status application is pending and your I-130 priority date is current, filing through your U.S. Citizen wife will not speed up the process. Moreover, doing so would result in you only getting a Conditional Green Card since you would have been married less than two years. On the other hand, if the priority date for your sister's petition is not current, then filing an I-130 by your wife would make sense since you can substitute that petition in for your sister's petition. You should not be required to pay the filling fee for a new I-485.
Answer Applies to: California
Replied: 2/7/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
No, you need not repeat the process by applying again through your U.S. citizen wife and it will not speed matters up since a wife takes no special priority over a sister in a family based petition for a green card.
Answer Applies to: Virginia
Replied: 2/6/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
The answer is yes it might be quicker and you have to do everything all over again if your girl friend files for you. It will be totally different case. However, be aware that you bear all the burden to prove your relationship is a valid one. Good luck!
Answer Applies to: Florida
Replied: 2/6/2011
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