Foreign on H1B getting green card and getting married

D

deglingo

New Member
Hello all,

I am currently on H1B but my employer will start the process for the green card at the end of the summer. I have a long time girlfriend that lives in Thailand right now. The immigration specialist at my employer suggested to get married and then have her apply to an H4.
I have 2 questions about the H4:
- once the paperwork is completed and we wait for the green card, would she have to stay in the US?
- i have read on some websites that she could ask for a work permit while our case is pending. is that true?
Alternatively, can we file for the green card together after getting married but with her being in Thailand until the GC is granted?

Basically, we both have loans and it would be tough for her not to work for 6months or 2 years (however long it will take for the GC).

Thanks for your time and help,
Warren.
 
deglingo said:
I have 2 questions about the H4:
- once the paperwork is completed and we wait for the green card, would she have to stay in the US?
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No. She can use the H4 to leave the US and reenter as she pleases.
- i have read on some websites that she could ask for a work permit while our case is pending. is that true?
Click to expand...
Not really. She could apply for her own H1B or some other work visa, but she would have to qualify for it independently of you. It is not like L1/L2 where the L2 spouse automatically gets to apply for employment authorization without any special qualifications other than being married to the L1 individual.

Alternatively, can we file for the green card together after getting married but with her being in Thailand until the GC is granted?
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Yes, although she may have some explaining to do when interviewing for the green card, regarding why she stayed apart so long while she had the option to live together with an H4. A long voluntary separation like that casts doubt on the legitimacy of the marriage.

Basically, we both have loans and it would be tough for her not to work for 6months or 2 years (however long it will take for the GC).
Click to expand...
What is your employment-based category for the green card? It could take as little as 6 months if you're in EB1 or EB2, but over 6 years if you're in EB3.
 
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