Green Card marrying an H-1

K

kaashi

Registered Users (C)
Hi Guys,
I have a green card. I live in CT. My understanding is that if I marry a girl with an H-1 in any state, I can file for her green card status BUT she has to stay with her employer to maintain her status, that she can't just quit her job and come live with me.

Could someone please confirm that or correct me if I am wrong? Would anyone know how long does it take for that process- that H-1 to turn into a green card- to get completed? How soon can she come and live with me after I file for the green card? Any rough time estimate would be fine- 6 months, 6-12 months, or more? Just making sure my facts are correct. Thanks so much.
kaashi
 
it's such a basic quetion and will take a lot of explanation for every different situation. I'd rather give you pieces of puzzle here.

- She can be sponsored by GC spouse, but it'll take 6+ years to file I-485.
- She can be sponsored by US citizen spouse and can immediately file I485.
- She has to maintain H1 status at least til she file I485.
- She can not extend H1 beyond 6 years unless she has employment based GC process going on.
 
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Thanks for your reply. May I ask you another question if you don't mind? Just wondering what's the best way to play the game. I got my green card 2 1/2 yrs ago, Jan 05, due for Citizenship in Jan 2010. Life's got to move on, people have to get married and stuff.

I find a girl who has an H-1 currently. Do I marry her right now, file for her I-485 through me, and she maintains her H-1 status with her employer? How long would that I-485 take? Would that take 6+ years? (and she won't be able to live with me since she has to maintain her status with the employer)

Or, do we wait for another 2 years, get my US citizenship, she stays on her H-1, and then marry and file for her I-485? Can she come over and live with me right away after we file the I-485?

Larger question: if it's a 2 yr wait anyway, what is the advantage for a green card guy in marrying a girl with an H-1 over marrying someone from India?

These are very basic questions. Sorry. I am quite ignorant about these laws, and it's tough to find the exact answer from the FAQs on any link. Just trying to get the fundamentals right. Hope you can guide me in some way. I really appreciate it. Went to a lawyer couple years ago, but situations change and one forgets to ask questions about every single possibility that might arise. Thanks.
akash
 
She can not file I485 now as a spouse of GC holder. Her cutoff date is retrogressed at least by 5 years at this moment and she has to wait about 5 years to file I485 if you have no intention to be a US citizen.

If you are intended to be a US citizen when time comes, it eventually won't make much difference whatever way you go.
You can file I130 now and wait for citizenship to file I485, or you dont' file anything now and will file I130 and I485 together when you become US citizen. Whichever way will work(if you are going to be US citizen eventually).

Only thing you can do today is filing I130, but it won't help much for her status so it's up to you whether you file I130 now or after being US citizen.

You can marry anytime, by the way. Marriage won't affect her H1 status.

If her employer can support her employment GC, it might be faster.
 
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Thank you for your reply, most helpful. I will read it again and again. That means that this H-1 is of no use to me, as far as a real daily married life is concerned, except that she'll work where she is and we try and meet up whenever we can till 2 years have gone by and may be we can bring her to CT then. Or we try and find her another H-1 near my place.

Let's say 2 years have gone by, and I claim US citizenship, I have to, to make it all easier. How long will it take for me to bring a girl from India over here after I become a citizen? Supposing I marry her next month, Or, I don't marry her for another 2 years till I claim citizenship and bring her as a fiance.

Just wondering about the numbers (months) so I can be honest and tell everyone's families back home what the situation is. Thank you so much.
akash
 
kaashi said:
Thank you for your reply, most helpful. I will read it again and again. That means that this H-1 is of no use to me, as far as a real daily married life is concerned, except that she'll work where she is and we try and meet up whenever we can till 2 years have gone by and may be we can bring her to CT then. Or we try and find her another H-1 near my place.

Let's say 2 years have gone by, and I claim US citizenship, I have to, to make it all easier.
How long will it take for me to bring a girl from India over here after I become a citizen?
Supposing I marry her next month, Or, I don't marry her for another 2 years till I claim citizenship and bring her as a fiance.
-------------------------Once you get US citizenship and then marry it may take only 5-8 months to reach your spouse in US.

Just wondering about the numbers (months) so I can be honest and tell everyone's families back home what the situation is. Thank you so much.
akash
Click to expand...
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Get married, you change job or ask her to change

kaashi said:
Thank you for your reply, most helpful. I will read it again and again. That means that this H-1 is of no use to me, as far as a real daily married life is concerned, except that she'll work where she is and we try and meet up whenever we can till 2 years have gone by and may be we can bring her to CT then. Or we try and find her another H-1 near my place.

Let's say 2 years have gone by, and I claim US citizenship, I have to, to make it all easier. How long will it take for me to bring a girl from India over here after I become a citizen? Supposing I marry her next month, Or, I don't marry her for another 2 years till I claim citizenship and bring her as a fiance.

Just wondering about the numbers (months) so I can be honest and tell everyone's families back home what the situation is. Thank you so much.
akash
Click to expand...
You can move to her city or she can look for a job in your city with an employer who is willing to transfer her H1B. Get married, live together and file her GC/Citizenship when you can.

I do not know much...ask your attorney as well.
 
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