Green Card Holder Marrying an H-1

K

kaashi

Registered Users (C)
Guys,
I have a Green Card. I live in CT. If I marry an H-1 holder in any other state, e.g. Texas, and file for her change of status, how does it work? Does she have to stay with her employer till I can transfer her on my GC status? That could take awhile, however long the process takes, 1+ yr, who knows, may be even longer. Do you guys have an idea how long that may be? Or can she quit the job and just come and live with me?

In case she quits her work, does the employer notify the authorities right away? Do they check? Of course, I want to do things the right way. Just need to do research on all this. Thanks. Appreciate it.

akash
 
I guess you mean adjustment of status.

All you can file at this moment is I-130 which will not give your spouse legal status. She has to maintain H1 status til she files I-485.
 
Green Card marrying an H-1 holder

Hi,
This is most helpful. Thanks so much. Let me get this clear: I marry an H-1 holder in any state, we file for her I-130, and then the I-485, she still has to maintain her H-1 till the I-485 comes through. Till then we can visit each other but she can't just quit her H-1 and come and live with me in CT. When can she quit her job- after the I-130 is approved, or after the I-485 is approved? Any idea how long this proces might take? I know it all depends, but if you could please give me a range- 6 months, 9-12 months, longer?

The larger issue is that if the girl is away it doesn't really matter whether she's living in TX, FL, CA or India. I might, just might, marry a girl in India in Dec 07. But then we run into legal issues. She can't really come here till I am up for citizenship, Jan 2010. It's just 2 years of waiting after Jan 08. One can grind it out if it is worth it. So I am just trying to figure out the different time frames. Thank you so much.
akash
 
Akash,
Spouses of GC holders are looking at a 5-6 year wait. How far are you from naturalising? You can file I-130 today, but your spouse can file an I-485 only when the PD is current (long wait) or you naturalise.
 
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