H1B -> GreenCard & Marriage to non US citizen

[GC_subsc]

Hello everyone,
I am fairly new to the forum, and have been trying to read up on all your experiences. I previously posted in the Family-Based immigration forum and was advised to post in the GC through employer forum since the process and timeframes are different.

There are some things I find similar in this forum to my case, but there are many nuances, so I am not sure if I understand the process right.

Can you please give me some advice on the following:
Facts:
1) I am (an Indian citizen and) a current H1B holder, and my employer has agreed to sponsor my GC
2) I recently got engaged, my fiance is in India (he too is an Indian Citizen). He has a 10yr multiple entry visitors visa to the US.
3) We plan to get married around August of next year (2006).

Questions:
1) What is the best and fastest way for my fiance to be added on to my GC application? (He prefers not to come on a H4 because he won't be able to work on that visa).
2) My GC process hasn't even begun yet (just finalized the job ad - the recruiting efforts are yet to begin).
3) Since neither of us are US citizens, I believe we don't qualify for the K visa status to bring over a fiance from India to the US. We need to be married in order for him to come here as part of the GC. Is this correct?
4) Is there a certain stage at which it is better to be already married and file our GCs together rather than file for the "follow-to-join" method?
5) If so, I dont know what that is or which stage of the GC process this is.

PLEASE HELP ME. Your advice is greatly appreciated. P.S. - I have a lawyer who is really inefficient, and hasn't budged on the process since Jan 05! Hence, I am depending on this forum for all my answers.

Thanks very much. Look forward to hearing from one and all
Nayantara

 

[pralay]

Hello everyone,
Questions:
1) What is the best and fastest way for my fiance to be added on to my GC application? (He prefers not to come on a H4 because he won't be able to work on that visa).
2) My GC process hasn't even begun yet (just finalized the job ad - the recruiting efforts are yet to begin).
3) Since neither of us are US citizens, I believe we don't qualify for the K visa status to bring over a fiance from India to the US. We need to be married in order for him to come here as part of the GC. Is this correct?
4) Is there a certain stage at which it is better to be already married and file our GCs together rather than file for the "follow-to-join" method?
5) If so, I dont know what that is or which stage of the GC process this is.

It's always better to be married before you file your I-485, so that both of you can start processing I-485 (or consular processing) together. That's the only fastest way. As a law, you must be married before your GC approval to make him qualify for his GC in same caregory as you (employment based). If you get married after your Gc approval, his GC application will fall into family-based category, which has atleast 5+ years of waiting.

Regarding not being interested to live in USA on H4, there are two ways to deal with this situation.

Option 1: He can come to USA on H4 just before applying I-485. He will come on H4 and immediately apply I-485 with you. Apply for his EAD alongwith I-485 application. EAD takes about 3 months to to get approved. In this 3 months either he can stay in USA (recommanded) or go back to India and start working. Once he gets his EAD card, he can work in USA too.

Option 2: He can opt for consular processing. That way he does not need to come USA on H4. Instead, he directly can come to USA with green card. Here you, for your own GC application, can opt for either consular processing or I-485 (basically both of your applications does not have to be same). . However, if you opt for I-485 and he opts for consular processing, then there can be a delay for his GC approval because consulate may not accept his consular processing request unless your GC (i.e. I-485) is already approved or about to be approved.