I am on H1B and my wife is a permanent resident

[sak@scientist]

I have been in the U.S for over 8 years now (first F1 and now H1B). I recently got married and my wife is a permanent resident (Green Card holder). Was wondering whether she needs to apply for I-130 first for me or can I go ahead and apply for 1-485 right away? How long does it take for these to get processed? Can I apply for them concurrently?

[trawal]

Your wife has GC and not citizenship. I dont think she can sponsor you on her GC. You will have to wait till she gets Citizenship.

Just my 2 cents

[nkm-oct23]

Yes, your GC holder wife can sponsor you for a Green card. However there is a quota for spouses of GC holders and depending on your country of birth you will have to wait for several years. She can file I-130 for you now but in order to file I-485 the I-130 petition must be approved and you should be at the front of the quota line (your visa number is current). You cannot file I-130 and I-485 concurrently for reason stated above.
Family based GC comes in many flavors:
1) Immediate relatives (spouse, parents, children) of US citizens (there is no quota for this category);
2) Adult unmarried children of US citizens (has quota)
3) Spouse and children of Permanent residents (has quota)
4) Adult married children of US citizens (has quota)
5) Brothers and sisters of US citizens (has quota)

Check Dept. of state's monthly Visa bulletin at http://travel.state.gov/visa/frvi/bu...etin_4384.html to find out the backlog

[GCLK]

Hi Sak

My case was similar to you. I waited until my wife became a citizen and then I filed for AOS. Filing on GC will take more than 5 to 6 years and its not worth a wait if you can get it in 6 months after the spouse becomes a Citizen

Thanks

[ilovethe80s]

Originally Posted by sak@scientist

I have been in the U.S for over 8 years now (first F1 and now H1B). I recently got married and my wife is a permanent resident (Green Card holder). Was wondering whether she needs to apply for I-130 first for me or can I go ahead and apply for 1-485 right away? How long does it take for these to get processed? Can I apply for them concurrently?

My case is sorta similar to yours too. I had H1B status from 2000 to 2007. I got married in 2004 to my husband who was a GC holder then. We filed I-130 after we got married, it was only approved last year (yes, too long), 2007. He applied for citizenship this year and after his oathtaking, I filed for I-485. So yes, tons of waiting unfortunately. It's good that you have your H1. In my case, I was out of status from mid-2007 until summer this year, when I filed my 485. Good luck to you (don't lose your H1 status while waiting!).

[sankarnp]

We were also in the situation. Filed for I130 immediately and applied for citizenship as soon as I was eligible. We had our GC interview today and hopefully will get GC in a few weeks

[sak@scientist]

Thanks for all your responses. It sounds like the best thing for me to do is wait until my wife gets her Citizenship. But the thing is that she will not become a citizen until March 2010. Now if I want to travel outside the country, I will have to apply for H1B visa stamp on my passport. I have heard that that can take up to 6 months. I am not sure if my company is willing to wait for that long. Is there an alternative for me in terms of being able to travel in and out of the U.S.?

[Triple Citizen]

Until you file for AOS, you need a visa to travel in and out of the US.

Originally Posted by sak@scientist

Is there an alternative for me in terms of being able to travel in and out of the U.S.?

[mrs_s]

The last time I checked (and this may have changed), you cannot get a visa in your passport unless you apply outside the US, preferably in the country of your citizenship.

So, your best bet is to schedule an appointment at a US consulate in your country of citizenship to get the visa in your passport. It should not take six months if you are already in H-1B status.

[Triple Citizen]

Slight correction needed. Preferably in the applicant's country of permanent/temporary abode, which may not be his/her country of citizenship.

Originally Posted by mrs_s

you cannot get a visa in your passport unless you apply outside the US, preferably in the country of your citizenship.

[GotPR?]

Originally Posted by sak@scientist

Thanks for all your responses. It sounds like the best thing for me to do is wait until my wife gets her Citizenship. But the thing is that she will not become a citizen until March 2010. Now if I want to travel outside the country, I will have to apply for H1B visa stamp on my passport. I have heard that that can take up to 6 months. I am not sure if my company is willing to wait for that long. Is there an alternative for me in terms of being able to travel in and out of the U.S.?

I don't know where you heard of 6 months, but usually it takes a week or so after application is submitted.
if 6 months you refer to is the waiting time for the scheduled appointment date, it might be true at the US consulate in some countries.

[Triple Citizen]

I am guessing the 6 months came from a source referring to an applicant getting stuck in the namecheck process.

Originally Posted by GotPR?

I don't know where you heard of 6 months