H1-B marriage to a US Citizen

V

vics

New Member
My fiance and I just got married. I am on an H1-B now that expires in November 2007 and I have been living in the US for almost 7 years now (went to college in the US). We have our marriage license and we would like to apply for a green card now. What's the process for applying for a green card and how long does it take? I can renew my visa for another 1 1/2 in november, but we were hoping that we wouldn't need to do that.

Thanks.
 
Okay...here we go again...

dude....

If you go this website: www.uscis.gov... you can learn how you become an immigration through a relative--US spouse is now your relative.:( Since you studied in the US, I am sure your English is good enough to enable you to read and understand all the necessary forms and paperwork which needs to be completed.:rolleyes:

In this spirit, own the process by reading application instruction rather than expects someone to feed you all the information, while you are scratching yourself by your computer...:eek:

All the forms are simple and straightforward... u don't need a degree in rocket science and mating of the retards to successfully obtain a greencard.:cool:
 
Is your spouse a USC? If yes, file I-130 Petition for Alien Relative; I-485 Application to Register Permanent Residence or Adjust Status and I-765 Application for Employment Authorization (optional). You can find these forms and related fees at USCIS website. You may also want to read info on their website with regards to "Immigration through a family member" so you will have an overview of the process. Also, its best to check out the Sticky: AOS Interview Timeline here for other related info which are very useful.

Goodluck!
 
vics...

1- The forms kinda explain the process but the instructions suck!
2 - Check the signatures of people on this website to get an idea of timelimes... or you could check http://www.visajourney.com/timeline/aoslist.php
3 - You will most likely need to file form I-485 (Petition for Alien Relative), I-130 (Change of Status).. and some supplementary forms - Affidavit of Support, Biometrics etc
4 - Since you're got a valid H1B like me, chances are you don't have to bother applying for AP (permission to travel) and EAD (Employment Auth. Doc.)
5 - All going well, you might have a greencard in about 6-7 months, but that's "all going well"... you might get stuck in FBI namecheck etc... then who knows how long it'll take.
6 - Read, read, read the forum...
7 - Good luck
 
Al Southner said:
dude....

If you go this website: www.uscis.gov... you can learn how you become an immigration through a relative--US spouse is now your relative.:( Since you studied in the US, I am sure your English is good enough to enable you to read and understand all the necessary forms and paperwork which needs to be completed.:rolleyes:

In this spirit, own the process by reading application instruction rather than expects someone to feed you all the information, while you are scratching yourself by your computer...:eek:

All the forms are simple and straightforward... u don't need a degree in rocket science and mating of the retards to successfully obtain a greencard.:cool:
Click to expand...

Why is being a relative a bad thing?
 
Not a bad thing at all...

vics said:
Why is being a relative a bad thing?
Click to expand...

Vics,

Not a bad thing at all... My wife is an American citizen, and she is my relative..... sorry if u misunderstood my point. Generally, people tend to be confused on the issue of relative... because someone who is not related to you by blood cannot become your relative, but in the US.. marriage creates the relative relationship....:rolleyes:
 
shinkansen said:
vics...

1- The forms kinda explain the process but the instructions suck!
2 - Check the signatures of people on this website to get an idea of timelimes... or you could check http://www.visajourney.com/timeline/aoslist.php
3 - You will most likely need to file form I-485 (Petition for Alien Relative), I-130 (Change of Status).. and some supplementary forms - Affidavit of Support, Biometrics etc
4 - Since you're got a valid H1B like me, chances are you don't have to bother applying for AP (permission to travel) and EAD (Employment Auth. Doc.)
5 - All going well, you might have a greencard in about 6-7 months, but that's "all going well"... you might get stuck in FBI namecheck etc... then who knows how long it'll take.
6 - Read, read, read the forum...
7 - Good luck
Click to expand...

I am planning on using a lawyer to do my application. I just want to make sure that everything is done correctly. Since my visa expires November 2007 (I can renew it but I am trying not to have to do that) I am planning on applying for a work permit. Do you know how long that takes? I thought that it took approx. 90 days, but I might be wrong.

Thanks
 
vics said:
I am planning on using a lawyer to do my application. I just want to make sure that everything is done correctly. Since my visa expires November 2007 (I can renew it but I am trying not to have to do that) I am planning on applying for a work permit. Do you know how long that takes? I thought that it took approx. 90 days, but I might be wrong.

Thanks
Click to expand...

no you are right, 90 days it is.
 
vics said:
I am planning on using a lawyer to do my application. I just want to make sure that everything is done correctly. Since my visa expires November 2007 (I can renew it but I am trying not to have to do that) I am planning on applying for a work permit. Do you know how long that takes? I thought that it took approx. 90 days, but I might be wrong.
Click to expand...
Adjusting from an H-1B is a breeze. You can follow the instructions here:

http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

and do it yourself without the expense of a lawyer. I personally did this. The important things you need to do right now is to schedule to get a medical with a US civil surgeon (there is a list of them on the USCIS website) and start getting together all the forms. Its really not that tricky, and you can save a bundle of money doing it yourself. Always come back here when you're stuck, because there are a bunch of us who have been through this and know the pitfalls.
 
thanks,please i need advise,i have being dating this lady for over 2 years,and we should be getting married when i come to canada,but she is a Us citizen,what do u advice,i love her and vice versa,but the US laws are getting tougher,how do we process necessary details since i will be in canada,any body with useful information should please help.Thanks.
 
vics, if it makes you feel any better, my H-1B expires in December and I've just submitted my application 2 weeks ago. No lawyer, and from start to finish it took about three months until I was ready to submit everything (but that was because both my wife and I have full time jobs, both go to college, don't live in the same city, we had to file 2006 taxes before the application, find the cheapest source of passport pix at CVS, find the cheapest civil surgeon in town, a little procrastination here and there ...). If you spend a little dedicated time for the application and get your medical exam done quickly, and find this forum before you file your case and not like me after, you can probably file within 2 week's time. Agree with no lawyer, that will probably only slow you down. I also used the step by step guide that dr lha pointed out. In any case, plenty of time left to get your EAD before November, perhaps even to get your AOS approved by then.
 
I-485/I130 concurrently

Hi,

I have a H1-B visa with a pending I140 through employer in Maryland.
My spouse just became a US citizen. I filed I130 while he was a GC holder as well.

Now I am going to apply for I-485 and I130 concurrently .
I have 2 questions.
1)On I 485 Part 3 asks:
Have you ever before applied for permanent resident status in US?
Should I answer Yes I140 pending through employer and I130 pending ???
Also where I need to file them.
2)
On I 130 says (concurrent filing)for goes to the local offices which has jurisdiction over the beneficiary's place but on the forum there is a different address (chicago ) Please see
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=80584c62b4126660f86b50d2daf5ef36
Please advise
 
Last edited by a moderator:
Vics, we are on the same boat. My H1B visa will expire Nov 2007, i resigned from work 1st week of Feb 2007 and my husband and I filed I-130 and I-485 concurrently (no lawyer!) in March 2007. My GC got approved May 2007 (within 3 months from filing). I received my GC earlier than my EAD. You still have alot of time. File your documents ASAP. If everything works out fine, you have a great chance of receiving your EAD and/or GC before your visa expire.
 
meesha said:
Vics, we are on the same boat. My H1B visa will expire Nov 2007, i resigned from work 1st week of Feb 2007 and my husband and I filed I-130 and I-485 concurrently (no lawyer!) in March 2007. My GC got approved May 2007 (within 3 months from filing). I received my GC earlier than my EAD. You still have alot of time. File your documents ASAP. If everything works out fine, you have a great chance of receiving your EAD and/or GC before your visa expire.
Click to expand...

If I read it correctly, you resigned from work before you filed for AOS. Wouldn't that usually cause one to be out of status? But it looks like everything went well regardless so congrats!
 
austriacus said:
If I read it correctly, you resigned from work before you filed for AOS. Wouldn't that usually cause one to be out of status?
Click to expand...

Yes, but so what? Since it's adjustment based on marriage to a US citizen, one could be out of status for 30 years before filing the I-485 and USCIS would be legally prohibited from denying the adjustment on that ground.
 
If I read it correctly, you resigned from work before you filed for AOS. Wouldn't that usually cause one to be out of status? But it looks like everything went well regardless so congrats!
Click to expand...

austriacus, yes, you read it correctly. When you're a spouse of a USC, the USCIS is more lenient to you and forgive you for being out of status as long as you came here in the US legally otherwise i think you need to file a certain USCIS form. Also i read somewhere that as long as your I-94 is not expired, you are not considered out of status yet....i might be wrong though.:confused:

Anyway, everything went smoothly (didnt even receive any RFEs) and i got my GC so no worries:D
 
Hi,

I have a H1-B visa with a pending I140 through employer .
My spouse just became a US citizen. I filed I130 while he was a GC holder as well.

Now I am going to apply for I-485 and I130 concurrently .
I have 2 questions.
1)On I 485 Part 3 asks:
Have you ever before applied for permanent resident status in US?
Should I answer Yes I140 pending through employer and I130 pending ???
Also where I need to file them.
2)
On I 130 says (concurrent filing)for goes to the local offices which has jurisdiction over the beneficiary's place but on the forum there is a different address (chicago ) Please see
http://www.uscis.gov/propub/ProPubVA...50d2daf5e f36
Please advise
 
Hi Eli123,
1: Yes
2: If you are filing I-130 and I-485 concurrently, you file both at Chicago Lockbox.
 
TheRealCanadian and meesha,

I appreciate the response and the clarification. Sorry, I'm new to being a USC spouse myself. I've had the last almost 12 years drilled into me by the INS/USCIS how much trouble it would cause to be out of status for a single day. I suppose in meesha's case it was not a problem since she had a clearly defined plan and only little time has passed. But I can think of other situations where it could get someone in trouble so I'd still generally avoid being out of status, even as a USC spouse.
 
austriacus said:
But I can think of other situations where it could get someone in trouble so I'd still generally avoid being out of status, even as a USC spouse.
Click to expand...

You don't understand; this isn't a case of discretionary forgiveness by USCIS. USCIS is legally prohibited from denying your adjustment because you were out of status - it doesn't matter how long it was for, or whether you had a plan or not.
 
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