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  #1  
Old 19th October 2008, 10:21 PM
bingy81 bingy81 is offline
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Green Card for Spouse
Hi,

I m a green card holder. My fiancee is H1B holder. Can he get green card based on my green card after marriage?

pls reply

Tnx in advance
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  #2  
Old 19th October 2008, 11:07 PM
doctor1 doctor1 is offline
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your fiance will have to wait 5-6 years until a visa number becomes available , you might want to wait until you become a citizen , then he automatically becomes eligible for an immediate immigrant visa.. good luck !
__________________
(Day 1)Sep 1 2008:I130 + I485 + I765+I131 received at chicago lockbox,
(Day 4)Sep 4 2008: NOA receipts for all 4 packages
(Day 9)Sep 9 2008: Biometrics appointment recieved
(Day 25)Sep 25 2008: Biometrics completed
(Day 26) Sep 26 2008: RFE received, and Evidence sent back
(Day 51)Oct 21 2008:LUD evidence received
(Day 70)Nov 10 2008: LUD I-765 card production ordered and I-131 Approved
(Day 176) Feb 26 2009: Interview Day GC APPROVED
(Day 188) March 9 2009GC RECEIVED IN MAIL
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  #3  
Old 20th October 2008, 04:30 AM
nscagony nscagony is offline
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Just file the I-130 now and you can upgrade it later. That way you don't have to wait for the processing time after you get your citizenship. But he won't be able to get the visa until you are a citizen, or 5-6 years have passed from today and the numbers are current for non-citizens, whichever is first.
__________________
I-140 EB2/NIW (ROW) at NSC, mailed 10/20/2007, RD 10/23/07, ND 11/08/07, AD 3/21/2008
I-485 (concurrent, ROW) at NSC, RD 10/23/07, 11/08/07, LUD 11/14/2007, FP 12/11/2007, INFOPASS 12/11/2007 (NC clear, BC clear), LUD 12/12/2007, RFE 7/18/2008, 8/1/2008 (received), 8/4/2008 (replied), LUD 8/5/2008 (received), LUD 8/6/2008, AD 8/12/2008 (Notice welcoming new permanent resident), 8/15/2008 Approval notice sent, LUD 8/18/2008.
Card received on 8/22/2008.
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  #4  
Old 20th October 2008, 10:20 AM
bingy81 bingy81 is offline
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Hi,

thanks for the reply. I m not planning to apply for the citizen ship. We just need the green card. So my question is

1) Should he apply only I130 based on my green card?
2) can he directly get green card once his visa number is current?
3) Until his visa number is current can he stay and work in this country (anyway he will have his H1B)?

please explain the process clearly.

tnx...
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  #5  
Old 20th October 2008, 10:38 AM
Triple Citizen Triple Citizen is offline
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A1: You will sumbit an I-130 for him
A2: As opposed to indirectly getting a green card?
A3: Only if he has some non-immigrant status that allows him to work


Quote:
Originally Posted by bingy81 View Post
1) Should he apply only I130 based on my green card?
2) can he directly get green card once his visa number is current?
3) Until his visa number is current can he stay and work in this country
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S K Ghori
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http://www.vex.net/~skg/

**NOTE**
I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

**DISCLAIMER**
I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.
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  #6  
Old 20th October 2008, 11:20 AM
bingy81 bingy81 is offline
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Hi,

"A2: As opposed to indirectly getting a green card?" can i get a clear explanation for this please...

Tnx ...
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  #7  
Old 20th October 2008, 11:23 AM
Triple Citizen Triple Citizen is offline
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I am the one who is questioning your post #4. Read what you wrote at post #4.

Quote:
Originally Posted by bingy81 View Post
Hi,

"A2: As opposed to indirectly getting a green card?" can i get a clear explanation for this please...

Tnx ...
__________________
Regards,
S K Ghori
skg@vex.net
http://www.vex.net/~skg/

**NOTE**
I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

**DISCLAIMER**
I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.
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  #8  
Old 20th October 2008, 11:47 AM
bingy81 bingy81 is offline
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ok let me clearly state that question
After i submit I130 for him and after it gets approved can he directly get the green card without undergoing the normal GC process (I130, I140, I485 etc.,) ?
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  #9  
Old 20th October 2008, 12:04 PM
Triple Citizen Triple Citizen is offline
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If he is in the US when it gets approved and it is current, he will need to file an I-485.

Quote:
Originally Posted by bingy81 View Post
ok let me clearly state that question
After i submit I130 for him and after it gets approved can he directly get the green card without undergoing the normal GC process (I130, I140, I485 etc.,) ?
__________________
Regards,
S K Ghori
skg@vex.net
http://www.vex.net/~skg/

**NOTE**
I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

**DISCLAIMER**
I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.
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  #10  
Old 20th October 2008, 12:48 PM
woodenshoe101 woodenshoe101 is offline
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Join Date: Apr 2008
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Quote:
Originally Posted by bingy81 View Post
ok let me clearly state that question
After i submit I130 for him and after it gets approved can he directly get the green card without undergoing the normal GC process (I130, I140, I485 etc.,) ?
Assuming by "directly" you mean immediately? No, he has to wait until his priority date becomes current, which will take several years as someone noted above. And he has to go through the "normal" process.
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Status - Marriage-based GC (DO: Chicago)
7/17/08 (0) - Sent to Chicago
8/06 (19) - FP (walk-in@Indy)
9/22 (66) - EAD + AP received
11/03 (108) - Interview: approved
11/17 (122) - GC received
To be continued 8/4/2010....
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