Green Card Holder wants to Marry H1B holder

[Sapna1981]

Hi All,

I dont know if i am in the right section asking this question, my appology for this.

I came to USA last year on greencard with my family and i live in California State. Now my family is planning for my marriage with someone who is here is Usa on H1B visa.
I want to understand few things about legal side of our marriage.

1. after we get married can i apply for his greencard because it look like if His employer will process the green card it will take longer time, and we are not even sure if his employer would do that sooner either. So can i apply for him and does this makes green card process any faster?

2. after we get married legally and religiously wht are the paperworks (i.e. form numbers) i need to fill up and apply.

3. will i be able to go back to india and get married there and we come back in US on our current visa status. going to indian would affact me in anyway for my future citizenship processing.?

Please any body who has done this before , i need to know these things first so i can make my decsion. I have few more things in my mind but ill ask maybe next time .

Thanks in Advance
Sapna.

 

[PraetorianXI]

1.- Yes, but It will take 5-6 years before he can get a GC through you.
2.- The only thing you can file is I-130 and its supporting forms and documents.
3.- No problem, for as long as it is a short trip.

Your husband needs to maintain his H1B legal status throughout all of this time. Filing I-130 does not grant him any status.

 

[Sapna1981]

I thought it will takes less time if i will apply for his GC, thanks for clarification. But as i understand H1b is only for 6 years in total and he had already spent his first year on H1b, so if i will apply his GC how will he be able to hold his current H1b.

Is there something else we would need to do when it is time for his H1b will be near to expire, and wht if his employer does not extend his h1b after initial 3 years stay.

I dont know the detail , but i guess its something to do with some EAD number. after which he wont need to worry about his h1b extension, is this right? can you explain this little bit.

thanks

1.- Yes, but It will take 5-6 years before he can get a GC through you.
2.- The only thing you can file is I-130 and its supporting forms and documents.
3.- No problem, for as long as it is a short trip.

Your husband needs to maintain his H1B legal status throughout all of this time. Filing I-130 does not grant him any status.

 

[LucyMO]

But as i understand H1b is only for 6 years in total and he had already spent his first year on H1b, so if i will apply his GC how will he be able to hold his current H1b.

he will have to maintain his H1b status, because otherwise he'll be out of status until you become a citizen and he will be able to apply for adjustment of status.

Is there something else we would need to do when it is time for his H1b will be near to expire, and wht if his employer does not extend his h1b after initial 3 years stay.

if he can't extend his status, he'll need to change his status or leave the US. Otherwise, he'll be out of status until you become a citizen and he will be able to apply for adjustment of status.

I dont know the detail , but i guess its something to do with some EAD number. after which he wont need to worry about his h1b extension, is this right? can you explain this little bit.

it's not the EAD number, but a visa number. It will be available in 5-6 years if you don't become a citizen. It is available immediately only to spouses of US citizens, and is not immediately available to spouses of residents.

 

[PraetorianXI]

Marry for love, not for convenience or someone else's agreement, this is the 21st century... That way, you can have a divorce like 50%+ of americans do, but at least it will be because of a choice you made.

 

[Sapna1981]

Ofcourse i am not marrying with any other intention but love. But i care enough so understand everything so my Love does not ahve to go through any hardship, i want to do the best i can for him, this is why i am here on this website to undersand everything..
Thanks for your care tho.

Marry for love, not for convenience or someone else's agreement, this is the 21st century... That way, you can have a divorce like 50%+ of americans do, but at least it will be because of a choice you made.

 

[tvklovesu]

Ofcourse i am not marrying with any other intention but love. But i care enough so understand everything so my Love does not ahve to go through any hardship, i want to do the best i can for him, this is why i am here on this website to undersand everything..
Thanks for your care tho.

Hello,
I am not sure when did you came to USA exactly but assuming you are here in USA from Sep 2007. For continuos presence of greencard holders in USA will be eligible to apply for Citizenship by june 2012 (4 years 9 months) and to get the Naturalization certificate it will take another 4 to 6 months of time from the time you apply for citizenship. If you apply for I130 for your spouse after your marriage he needs to maintain his H1b till you become USC and then you need to apply for I485 (adjustment of status), Once his application is approved and provided with EAD (if you apply along with I485) then he don't need to maintain H1b till he gets GC. IF you don't apply for EAD then he needs to continue on H1b till he gets GC.

 

[rickylala]

Hi tvklovesu,
I have TWO questions about adjust of status marring with USC:

1] TAX issue; under 864, my husband has to provide recent THREE years of tax information. Let say I plan to file in at 10/01/08 and he has to provide tax return of 2007 with documents and information for 2005/2006. My questions is he ONLY has record 2007. 2006/2005, he was not employed and of course he didn’t file tax through IRS. Therefore, when I put answer for 2005/2006 income, I have to put “zero”. I’ll do explaination in a separate sheet. What kind statement I should say in order to avoid some unnecessary questions from USCIS, such as “XXX was not employed in 2005/2006, then, income was zero.” Can I just only explain this short sentence in the separated sheet. Do you think it will bring up USCIS coriousity to ask my husband’s tax for 2005/2006?

2] Police clearence; under 485, i wonder if there is necessary to file police clearence since I am already in USA. My current legal status is Canadian TN working Visa. I was told some YES and some NO about police clearence. People saying NO because he said USCIS will run my status to see if I commit an crime. They will ask FBI or agencies to run my background and see if I have bad record, is this true? I wish to believe and just want to double confirm the suggestion is sensible or not.

Your reply will be highly appreicated!

BR,

Karie