G.C. getting married to H1B in US

[Maxmus]

I'm a Green card holder. I am planning to marry a girl who is on H1B for a year in US. I will be eligible for citizenship late next year. So Iam not planning to apply for Green card for my spouse until then.

I would like to know if we can register our marriage here and maintain our own status (GC for me and H1B for my wife) until I get my citizenship.

If so where should I register our marriage and what are all the docs required ?

 

[sg_orl]

Yes, you can maintain your individual status. You can get married in the local county court. Contact the Clerk of the Court in the county and the State you reside in. With some paperwork, and fees, and showing your drivers' license and social security card, your should be able to get married and get a marriage certificate.

 

[Maxmus]

GC filing I 130 for spouse who's on H1B

I am a Greencard holder and my wife is on H1B.

1. Should I wait for my Citizenship to apply for GC to my spouse?
2. Can I apply for I 130 now or should I wait for my Citizenship ?
3. If I file I 130 now, since the wait time is more, Can I upgrade it if I get my citizenship ?
4. For upgrading then, should the 130 be approved ?

What would be the best option ?

 

[rajinigoswamy]

same situation

hi maxmus, i am in the same situation. Can you share the responses that you got .

thanks much.

regards

 

[TheRealCanadian]

What would be the best option ?

If you file an I-130 for your wife now in FB2A, there is exactly zero chance that she will get it approved and have a current priority date before you become a citizen. Because of that, I'd suggest that you wait until your oath, then file an I-130/485 as an Immediate Relative. You could "upgrade" the petition, but it's marginally more complicated and there's the risk of USCIS getting confused.

Seriously, just wait. The only reason I would suggest filing the I-130 right away is if you will not file for naturalization within the next 7-10 years and wish to have the earlier FB2A priority date.