GC holder to sponsor H1B / Benefits?

[shinkansen]

I have a 10yr GC and can apply for citizenship at the end of April 2012. My girlfriend is here on a H1B (6th year) and it expires in late Sept 2012. Based on dates I've seen I may have citizenship by end of August 2012. What's the best way for her to remain with me in the US? If we got married now, she could only stay here, but not work?
She's also a DV lottery winner but seems like her # which is in the 50xxx range will not be available fast enough.

What are our options? pro's / con's?

Thanks

 

[Jackolantern]

While you're a GC holder, getting married and filing for her won't grant her any status for about 3 years. But it looks like you might be able to get citizenship before her H1B ends in September.

She's a DV 2012 winner? Then her GC must be granted before Oct. 1 this year. She needs to prepare to file for AOS (I-485) based on the DV, so it can be filed as soon as she's allowed to. Filing the AOS would allow her to stay, with or without marrying you.

 

[shinkansen]

I thought a GC holder can petition for their spouse to be with the... follow-to-remain or something? Can be in the US as long as I can support her as she can't work?

She needs to wait for her visa # to become available before she can do AOS... but she is from Asia and her # is about 53,000... And I don't think they will process DV numbers that high based on what I've seen in Visa Bulletin's so far.

 

[Jackolantern]

I thought a GC holder can petition for their spouse to be with the... follow-to-remain or something? Can be in the US as long as I can support her as she can't work?

A spouse can be eligible for follow-to-join only if already married to the GC holder before GC approval.

Even if she married you tomorrow and you filed I-130 for her, she would be illegally present if she continues to stay in the US after her H1B expires and you're still not a citizen. Spouses of green card holders aren't legally allowed to stay in the US while waiting for the PD to become current, whether working or not working, unless they maintain status by some other means independently of the marriage.

How much total time has she spent outside the US in her almost-6 years of having H1B? It's possible to have that time recaptured, and get the H1B extended by the recaptured time.

Has her company initiated the green card process for her? There is a provision that allows extending H1B beyond the 6th year based on that.

She needs to wait for her visa # to become available before she can do AOS... but she is from Asia and her # is about 53,000... And I don't think they will process DV numbers that high based on what I've seen in Visa Bulletin's so far.

Well if they let her adjust, it would have to be before Oct. 1 because Sept 30 is the last day for granting GCs for DV-2012.