H1 soon to marry GC holder: how will naturalization work?

C

califil

New Member
Hi:
I am on H1B visa and engaged to a GC holder. He will file for citizenship as soon as he is able to (4 years and 9 months of GC holder status). By the time he files for his citizenship, I will have only a few months left on my H1B. I have the following questions:

- If we are married when he files for citizenship, how does it affects my status? Can I file for adjustment of status as soon as his citizenship is approved or is there a delay?

- Can I work legally as long as I have filed for adjusment of status and do I have to file for a work permit?

- If my H1B is close to expiring then and his citizenship has not yet been approved, what can I do to prevent being out of status because of expiring H1B visa? Should I file for GC application anyway?

- Or should I file for a fiancee visa anyway? I know it takes years to get a visa. Are being on a H1B and applying for fiancee visa compatible with each other? This way by the time my H1B expires, I will probably get at least the fiancee visa...

- If H1B is expiring, is there any way to extend it if GC has been filed through work either in labor certification or with outstanding scientist process?

Thank you very much in advance for your help.

IL
 
Originally posted by califil
Hi:
I am on H1B visa and engaged to a GC holder. He will file for citizenship as soon as he is able to (4 years and 9 months of GC holder status). By the time he files for his citizenship, I will have only a few months left on my H1B. I have the following questions:

- If we are married when he files for citizenship, how does it affects my status? Can I file for adjustment of status as soon as his citizenship is approved or is there a delay?
His filing for citizenship does not affect your status.

- Can I work legally as long as I have filed for adjusment of status and do I have to file for a work permit?
You can only file for adjustment of status and work permit if you have an approved or approvable (not subject to quotas) immigrant visa petition. It means you will have to file after your spouse becomes a citizen to escape the annual quotas.
- If my H1B is close to expiring then and his citizenship has not yet been approved, what can I do to prevent being out of status because of expiring H1B visa? Should I file for GC application anyway?
Simply filing for GC based on being a spouse of GC holder does not relieve you from the requirement of maintaining a valid non-immigrant status. It means that after 6 years of H1 is over, you will have to file a COS for another status like L1. F1 would be difficult to get because if immigrant intent issues.

- Or should I file for a fiancee visa anyway? I know it takes years to get a visa. Are being on a H1B and applying for fiancee visa compatible with each other? This way by the time my H1B expires, I will probably get at least the fiancee visa...
You don't qualify for a fiancee visa unless your spouse is a US citizen.
- If H1B is expiring, is there any way to extend it if GC has been filed through work either in labor certification or with outstanding scientist process?
If labor certification is filed and is pending for more than 1 year, you can get extension of H1 in 1 year increment.

Thank you very much in advance for your help.

IL
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califil
You are pretty much out of luck. What you can do is apply for Canadian PR? If lucky you can move to Canada and then apply for your Immigration after your Husbad become USC.
 
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