I am already in the United States legally on an H1-B visa for my profession and have been in the USA for over 10 years on other visas, school, etc. Recently, I have found the one I want to marry but am unsure about what to do with my visa situation. I have read different things on the immigration websites for fiance visa, etc but non really apply to someone already legally in the USA. Can I get married and then just apply for change of status to receive a permanent resident card?
Already on H1-B - what do I do if I marry?
- Thread starter knezacek
- Start date
Your case is somewhat similar to that of my husband... he too is here on an L1 visa (and has been here in the past on H1). Once you are married, your spouse can file I-130 (Immigrant Petition), I-485 (Adjustment of status/LPR) along with I-693 (Medical), and an I-864 (affidavit of support from your spouse). As you will read in the instructions for I485, it must be accompanied with I693 and I864/I864A, however, you may optionally, also file I765 (authorization to work also known as EAD) and I131 (Advance Parole - ie, permission to leave and re-enter the country while your I485 is being processed).
We (my husband and I) knew very little about the process and made a mistake of filing only I-130 and after 3 months, only now we are preparing to file I485. However, we are not filing any I765 or I131 because my husband's L1 is still valid for another 15 months (and we are hoping that by that time he would have a GC) - and his L1 allows him to work as well as travel out and back into the country. One caveat though, since L1 and H1 are employer specific visas, unless you have an I765 approved, you will have to continue to work with your current employer.
Hope this helps for the starters... go on, get married, and worry about this after the honeymoon is over
lol. Best wishes.
USC
We (my husband and I) knew very little about the process and made a mistake of filing only I-130 and after 3 months, only now we are preparing to file I485. However, we are not filing any I765 or I131 because my husband's L1 is still valid for another 15 months (and we are hoping that by that time he would have a GC) - and his L1 allows him to work as well as travel out and back into the country. One caveat though, since L1 and H1 are employer specific visas, unless you have an I765 approved, you will have to continue to work with your current employer.
Hope this helps for the starters... go on, get married, and worry about this after the honeymoon is over
lol. Best wishes.USC
Well you have two options
1. You can after getting married file the I-130 & I-485,medical and aff of support and EAD wait for the interview get a 2 year cond green card and after two years from the date of the interview you get your real 10 year greencard.
2. You get married for two years stay on your visa you have now if it dosent run out in the next two years. Apply after two years of getting married and submit I-130, I-485,EAD, Medical & aff of support. and wait for the interview and get the 10 year real Greencard without any condition.
I have assumed that you are getting married to a USC not a greencard holder.
1. You can after getting married file the I-130 & I-485,medical and aff of support and EAD wait for the interview get a 2 year cond green card and after two years from the date of the interview you get your real 10 year greencard.
2. You get married for two years stay on your visa you have now if it dosent run out in the next two years. Apply after two years of getting married and submit I-130, I-485,EAD, Medical & aff of support. and wait for the interview and get the 10 year real Greencard without any condition.
I have assumed that you are getting married to a USC not a greencard holder.