H1-B filing for Green Card(Married to Green Card holder)

[ambercrombe]

My husband holds a green card and I am working on H1-B for the past 3 years here in the US.
I went through the Do-it-yourself but it does not talk about the spouse holding an H1 visa and already being in the US or may be the process is not any different and being on H1 doesnt matter... I dont know..thats why I am asking.

1. What all forms do I need to file to apply for marriage based green card? (I-130, G-325A, I-485, I-765, I-864EZ, I-693)
2. Do I file all forms at the same time and it a step-by-step filing of forms?
3. Even though I am earning here, do we still need to file the Form I-864EZ Affidavit of Support?
4. If I file in March, approx. how long will it take that I do not have to worry about my H1 visa validity?

Appreciate a prompt response.
Good Luck and Thanks!

 

[ilovethe80s]

My husband holds a green card and I am working on H1-B for the past 3 years here in the US.
I went through the Do-it-yourself but it does not talk about the spouse holding an H1 visa and already being in the US or may be the process is not any different and being on H1 doesnt matter... I dont know..thats why I am asking.

1. What all forms do I need to file to apply for marriage based green card? (I-130, G-325A, I-485, I-765, I-864EZ, I-693)
2. Do I file all forms at the same time and it a step-by-step filing of forms?
3. Even though I am earning here, do we still need to file the Form I-864EZ Affidavit of Support?
4. If I file in March, approx. how long will it take that I do not have to worry about my H1 visa validity?

Appreciate a prompt response.
Good Luck and Thanks!

I think at this point, since your spouse is not a US citizen yet, you can only file I-130 with the G-325a, not the I-485, nor the affidavit of support and the medical exam, because you cannot adjust status yet. You can file the I-130 now if you wish, or wait to file everything when your husband becomes a citizen. If you ask me, I will file the I-130 now and then file for adjustment of status when your husband becomes a citizen. That's what we did, I was on H1B when my husband was a GC holder. We filed the I-130, then when he became a US citizen last year, we filed for I-485. By that time we were interviewed, we were married for almost 5 years (1.5 months shy of 5 years) so there was practically no doubt that our marriage was bonafide. Plus another bonus is, by the time you are interviewed/approved for a GC, you may already be married more than 2 years, so the GC you will get won't be a conditional GC, but a permanent one.

You have to keep your H1 status as long as your husband is not a citizen yet. When is he eligible to apply for naturalization?

Good luck to you!

 

[ambercrombe]

Thanks for the response. My husband will be eligible to apply for naturalization in 2010.
So to file for I-485, I will have to wait till he becomes a citizen?
Wouldnt I receive a notice to file additional forms once the I-130 and G-325a are accepted and approved?

 

[Jack Murphy]

Best way to get a green card for ordinary folks

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[JohnnyCash]

Thanks for the response. My husband will be eligible to apply for naturalization in 2010.
So to file for I-485, I will have to wait till he becomes a citizen?
Wouldnt I receive a notice to file additional forms once the I-130 and G-325a are accepted and approved?

You may choose to not to file anything right now and rather wait until you husband becomes a US citizen because filing the Form I-130 wouldn't do any good at this point. It won't expedite your case nor it would give you any legal status or any right at all. Just wait until he becomes a US citizen and then file all the forms altogether; otherwise it will so confusing and time consuming to "upgrade" the approval on this form I-130. Besides, your out of status (if you ever be out of status) will automatically be forgiven by marrying to a US citizen when you will file all the paperwork once he becomes a US citizen. So, no need to worry about expiration of H-1b in the future either.

Your husband would file this form I-130 for you, and yes he would get receipt when USCIS will accept this form and also when this peitition gets approved. But again, if I were you, I wouldn't worry about filing this petition now.

If you still choose to file something now for the sake of filing then the only that could be filed now is-Form I-130 by your husband. Form G-325A goes with it. All other forms will be needed to file when you be eligible to file Adjustment of Status application (Form I-485). And all other forms are parts of I-485 process.

Good luck...

 

[JohnnyCash]

I know how hard is for getting the nice green card. I used only usagclottery dot com for my services. look now i am even writing more english because i learn it. USAGCLottery was good service for me for the green card. I suggest you look at it

I'm banning you from this site because I see you are using this site to promote your business. If you have had a history of giving opinion, I might give you a chance, but since I notice that you signed in here just to promote your business then you should be stopped.

 

[ambercrombe]

Thanks for the response. If I decide to wait till my husband becomes a US citizen, then
1. Should or Can we file for the green card when he files for his naturalization? or should we file only once he is a US citizen?
2. How long will it take to become a US citizen after applying for naturalization? He is eligible to apply for naturalization in March 2010.

 

[LucyMO]

1. Should or Can we file for the green card when he files for his naturalization? or should we file only once he is a US citizen?

that depends on what exactly you mean by filing for GC.

2. How long will it take to become a US citizen after applying for naturalization? He is eligible to apply for naturalization in March 2010.

it varies from a person to a person, and from a district office to a district office.

 

[Jackolantern]

1. Should or Can we file for the green card when he files for his naturalization? or should we file only once he is a US citizen?

You could file I-130 before he becomes a citizen, then have it upgraded after he becomes a citizen, but the process of getting that upgrade done is a hassle (because sometimes they don't do it when you ask them to, and you have to follow up) and could cause a bit of delay, so it may not necessarily benefit you to go that route. If you want to keep things simple, wait until he is a citizen and then file the I-130 and everything.

2. How long will it take to become a US citizen after applying for naturalization? He is eligible to apply for naturalization in March 2010.

A good ballpark range is 5-10 months. Of course, some people take less time and some take more, but most fall in that range.