Green Card for Spouse

B

bingy81

Registered Users (C)
Hi,

I m a green card holder. My fiancee is H1B holder. Can he get green card based on my green card after marriage?

pls reply

Tnx in advance
 
your fiance will have to wait 5-6 years until a visa number becomes available , you might want to wait until you become a citizen , then he automatically becomes eligible for an immediate immigrant visa.. good luck !
 
Just file the I-130 now and you can upgrade it later. That way you don't have to wait for the processing time after you get your citizenship. But he won't be able to get the visa until you are a citizen, or 5-6 years have passed from today and the numbers are current for non-citizens, whichever is first.
 
Hi,

thanks for the reply. I m not planning to apply for the citizen ship. We just need the green card. So my question is

1) Should he apply only I130 based on my green card?
2) can he directly get green card once his visa number is current?
3) Until his visa number is current can he stay and work in this country (anyway he will have his H1B)?

please explain the process clearly.

tnx...
 
A1: You will sumbit an I-130 for him
A2: As opposed to indirectly getting a green card?
A3: Only if he has some non-immigrant status that allows him to work


bingy81 said:
1) Should he apply only I130 based on my green card?
2) can he directly get green card once his visa number is current?
3) Until his visa number is current can he stay and work in this country
Click to expand...
 
Hi,

"A2: As opposed to indirectly getting a green card?" can i get a clear explanation for this please...

Tnx ...
 
ok let me clearly state that question
After i submit I130 for him and after it gets approved can he directly get the green card without undergoing the normal GC process (I130, I140, I485 etc.,) ?
 
If he is in the US when it gets approved and it is current, he will need to file an I-485.

bingy81 said:
ok let me clearly state that question
After i submit I130 for him and after it gets approved can he directly get the green card without undergoing the normal GC process (I130, I140, I485 etc.,) ?
Click to expand...
 
bingy81 said:
ok let me clearly state that question
After i submit I130 for him and after it gets approved can he directly get the green card without undergoing the normal GC process (I130, I140, I485 etc.,) ?
Click to expand...

Assuming by "directly" you mean immediately? No, he has to wait until his priority date becomes current, which will take several years as someone noted above. And he has to go through the "normal" process.
 
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