H1b marry GC holder

S

safro

Registered Users (C)
Hello everyone! Thanks for FAQs, very informative.

One on a tourist visa came to the US and marry GC holder. As I understood from FAQs she can remain on same visa. until he/she applies for their I-485 petition.

1. How would be possible to change tourist visa to work authorization/permission and how long it may take?

2. When spouse of GC holder can apply/get GC?
 
Ok I am confused. Your thread topic says "H1B marry GC holder". However your post is enquiring about someone here on a tourist visa marrying a GC holder? Which one is the correct query?
 
on a visitor's visa printed:
Visa Type/Class
- R-----B1/B2
this visitor marry GC holder
 
basically there are 2 questions;

one about work authorization, since current visa does not give right to work. I see from FAQs that the spouse that came can stay on same visa status.

second, now the GC holder will submit papers for citezenship in TX. I know from FAQs that it can take up to 2 years. When that spouse will get USC will another get GC like if he/she married the US citezen?
 
As the spouse of GC holder, you are looking at a minimum of 4-6 years wait for your GC. This may be less, depending on how much more time before the GC spouse becomes a citizen. In addition to that, during this wait you will not be eligible for an EAD. You will need to either maintain lawful permanent residency during your wait, or leave the US before your current I-94 expires.
 
THANK YOU Triple Citizen.

The GC holder spouse already on GC more that 7 years. Now the spouse going to apply for citezenship in TX. So, wait time should be shorter than 4-6 years, isn't?

It perhaps may take a few months. or ?
 
The first thing your spouse needs to do is become a US citizen. Then you need to file for AOS. Again, you will only get work authorization after you file for AOS. Ideally, you will need to maintain some sort of legal non-immigrant status until you are ready to file for AOS.
 
safro said:
THANK YOU Triple Citizen.

The GC holder spouse already on GC more that 7 years. Now the spouse going to apply for citezenship in TX. So, wait time should be shorter than 4-6 years, isn't?

It perhaps may take a few months. or ?
Click to expand...

it could take months or years. You only have 6 months of staying on your tourist visa.
 
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