GC holder's fiance

G

gc_guy41

New Member
Hi Gurus,
I am a permanent resident (got my GC last year). My fiance currently in India and she will be coming here on H1 after 3 months from now. So, i have to plan for our marriage & her GC sponsership (family based thru me).

I heared that if i marry her (H1 visa holder) here and register our marriage here in US and then if i sponsor for her GC (family based thru me), she will get her GC within a year (not like regular 4-5 years period). Is this true? & what happen to her H1 status during her GC process?

or shall i go India now and marry her there & file her GC thru consulate process there itself and can both come here as married (me with my GC and she with her H1) (or) how about filing her GC (family based thru me) here in US with India Marriage registration?

which one is faster?? Any tips, advices, experiences from Gurus are really appreciated.
Thanks.
 
Originally posted by gc_guy41
Hi Gurus,
I am a permanent resident (got my GC last year). My fiance currently in India and she will be coming here on H1 after 3 months from now. So, i have to plan for our marriage & her GC sponsership (family based thru me).

I heared that if i marry her (H1 visa holder) here and register our marriage here in US and then if i sponsor for her GC (family based thru me), she will get her GC within a year (not like regular 4-5 years period). Is this true? & what happen to her H1 status during her GC process?

or shall i go India now and marry her there & file her GC thru consulate process there itself and can both come here as married (me with my GC and she with her H1) (or) how about filing her GC (family based thru me) here in US with India Marriage registration?

which one is faster?? Any tips, advices, experiences from Gurus are really appreciated.
Thanks.
Click to expand...

Not true. Regardless of where you get married, it is going to take 4-6 years for her to receive GC thru you. However she can also try to get GC thru her employer and that might take 2-3 years.
You cannot file for GC directly in a US consulate. You first will have to apply to BCIS by submitting form I-130. It will take 4-5 years to get approved. (There is a huge backlog for spouses of green card holders and there is also an annual quota.) Once approved, you can choose to either adjust status to permanent resident by filing I-485 with BCIS or request consular processing.
Since she is on H1, she will not have any problem living in the US with you while her GC is processed. Most other visa categories do not allow this.
 
Hi nkm-oct23,
Thank you for your info. I really appreciate it. BTW, as you mentioned, since family based GC will take 6 years, wha
t to do if H1 expires before I-130 approval (just in case) How about V-visa? (becos in this prsent market, i can not expect her employer to sponser for her GC - right??)

Thanks.
 
Originally posted by gc_guy41
Hi nkm-oct23,
Thank you for your info. I really appreciate it. BTW, as you mentioned, since family based GC will take 6 years, wha
t to do if H1 expires before I-130 approval (just in case) How about V-visa? (becos in this prsent market, i can not expect her employer to sponser for her GC - right??)

Thanks.
Click to expand...

It depends on her skill set, her employer and her job responsibilities whether her employer will sponsor her green card or not.

If her 6 year H1 limit expires, she will have to leave US unless:

She is able to get into another non-immigrant visa category ( F1, L1, etc),

She has a pending Labor Certification and/or a pending I-140,

She has I-485 pending ( employment based or family based).

For V visa, the following conditions must be met ( I don't think you qualify):

The lawful permanent resident filed an immigrant visa petition for his or her spouse on or before December 21, 2000, and

The spouse has waited three years since the filing of the petition and has not been scheduled for an immigrant visa interview.

The spouse may be waiting either for INS approval of the petition or, if the petition was approved by INS, for availability of a visa number in order to complete immigrant visa processing.

At this time your best bet is to try to convince her employer to begin her EB GC process. If she has 5+ years left on her H1, she might make it thru your petition.
 
Hi,

I am in similar situation some what, my Fiance has a green card and i am on H1B and also waiting on my Labor Certification.

I have following questions.

1. Can one file i130 and i485 concurrently like i140 & 485
2. What if H1 person gets laid off, can he/she still stay in US legally and get some sort of EAD card until approval comes.
or that person has to leave the country?

Thanks.
 
nkm-oct23,
Thanks a lot for your details.....

2hard2getGC,
I am not sure about I130 & I485 concurrent filing.
(i think nkm-oct23 may tell you the details..)

You can get your EAD only after you receive your I-485 receipt.
 
Originally posted by 2hard2getGC
Hi,

I am in similar situation some what, my Fiance has a green card and i am on H1B and also waiting on my Labor Certification.

I have following questions.

1. Can one file i130 and i485 concurrently like i140 & 485

No. You can file concurrently only if you have a visa number available immediately (that means PD is current). Only employment based applicants and immediate relatives of US citizens can file concurrently as their priority dates are current.

2. What if H1 person gets laid off, can he/she still stay in US legally and get some sort of EAD card until approval comes.
or that person has to leave the country?

No, they will have to maintain a valid non-immigrant status until their I-130 is approved and I-485 is filed. EAD is available only when I-485 is filed. If they get laid off in H1, they will have to either change to another status like H1, L1 or leave US. They will also be not eligible to get B2 or F1 status because of immigrant intent issues.

Thanks.
Click to expand...
 
Thanks NKM

Thank you for the reply NKM, i have another question might not be related to this query, if i file I140 &485 concurrently then can i get an EAD card? or its available only after 140 approval?

Thanks
 
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