H1B -> Green Card?

S

shinkansen

Registered Users (C)
I'm on my 3rd year of H1B with a probably further 3 years. Have been in a relationship for a while now and have talked about getting married in the future. I'm wondering what the process / timeline would be for me being able to remain in the US with my possible future wife.

Mainly asking because I don't know how close to my final H1B expiration date we could be unmarried (we don't want to rush into things just yet)... Can someone please briefly advise on process / timeframe of me becoming a Greencard holder going from H1B status.

Many thanks!
 
If your possible future wife is an US citizen then you need not worry.You can file for I-130,I-485 and apply for EAD as soon as you get married and you can adjust your status to permanent resident.If she is not a US citizen and if she is a GC holder then you might have to look for your employment based GC or wait till she becomes US citizen.
 
I would think it is better to marry atleast a year before H1 B,but also you should consider that if you marry a USC you can immediately apply for GC meaning 1-130 petetion and also file 1-485 for adjustment of status and an EAD.This helps you because god forbid if anything happens to your H1B then you need not have to worry as you are valid to stay on your AOS filing and work for anyone on your EAD.Since generally it is taking about 10 months to a year for getting GC after filing for 1-485 it is better you plan ahead say atleast 15-18 months prior to your H1B validity.
 
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