H1-b marrying Green card holder

A

aat0995

Registered Users (C)
Hello All,
I am currently on H1b visa and my labor is approved. My PD is Nov 2005. So it will be a while before I get GC. Now I am marrying a Green card holder in this nov. Should I file for green card based on her visa? Will it be faster as I am already in US?
Please help.

Thanks a lot in advance!
 
Estimation in processing time for GC holder's spouse is 7 years.
Procssing time for EB GC is kind of shaky depending on your category and country of birth, but it's somewhere between 1.5 years to 6, 7 years.
 
Last edited by a moderator:
I feel that you should just wait either until you get your GC through work or until your wife becomes a USC.
 
1. we don't know your country of birth and your EB category, so no one knows how far you are retrogressed
2. File for GC based on both (employment and marriage). Work should be faster, but with retrogression who knows? Also, if the EB GC falls through due to employer changes (lay-off, GC revoked) you have the marriage based GC filing as a backup. By all means keep H-1B status, because if you don't have that (and no EAD, AP) you cannot even travel and stay in this country. An I-140 alone does not give you status - only a pending I-485.
Will it be faster as I am already in US?
Click to expand...
who knows? AOS is often said to be slower then CP but at least you are here and don't have to wait abroad (again make sure about your H-1B visa).

Should your wife become a USC during the process you can re-file and then it will be much faster.
 
Thanks for your reply. I am from India. Wow! 7 years..

It seems it doesn't help even though as I am in US. I was reading about getting a V visa (and I can even get EAD through it). May be I might be missing something...

What forms are to be filled? I-130 and I-797?
 
aat0995 said:
Thanks for your reply. I am from India. Wow! 7 years..

It seems it doesn't help even though as I am in US. I was reading about getting a V visa (and I can even get EAD through it). May be I might be missing something...

What forms are to be filled? I-130 and I-797?
Click to expand...

V visa is no longer in use. GC spouse files I-130 first, then once your PD becomes current(6, 7 years later in todays climate), you file I485.
 
whoa.. 7 years. Thats not good. In jan 2006, the PD for FB-2A was 15Jan02, till last month it was 22Apr01 and now it has been retrogressed to 01Sep99?? not good...
 
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