Green Card Marrying H-1....

Tiiaa

New Member
Green Card Marrying H-1....

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Hello All,

I have held my green card for about 5 years now and I'm about to file for my citizenship. My fiance of 2 years is on an H-1 visa, his H-1 expires in 2007. We are about to get married in a few months.

Question
Should I wait till we get married to file for my Citizenship, so I can include him as my spouse on the application? or

Should I file for citizenship now , and then file for him after we get married? (wile my own application is being processed) What is the most effective and efficient manner? Thanks in advance for all your help.

I hear the GC holder filing for H-1 can take a while, after his H-1 expires in 2years, can he still get a work permit and travel permit, if he has not been approved yet? (This is pending on me filing this year).
 
You can NOT add your spouse while filing for citizenship. This is NOT like the green card process. File your N-400 as soon as your are eligible. In your case 5 years as PR, but you can file up 90 days before the 5 yrs of PR mark as long as you have met the other criteria. Once you have become a citizen, i.e. on the day of your naturalization oath, you can file for your spouse's green card (I-130 and related forms). Your spouse will get the work permit etc. while the green card process in taking place.

So you can get married any time, and let your spouse remain on H-1, and as soon as you become a citizen, file for your spouse's green card.
 
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