H1B Visa holder to Marry USC

[jamminjoni]

Background: He is the H1B holder, has been in the USA for just over 4 years. His currently working and all is good with his H1B Visa which expires 10/2011. I am the USA born citizen. We met not too long ago, but have fallen in love and want to marry. I have a few questions about the timing of everything. (btw we are not youngsters... late 40's)

1) Is there a length of time they look at from the time we met to the time we get married? Or are they more interested in the evidence of the marriage (combined accounts, utilities, etc)?
2) I purchased my home before we ever met, it is necessary to add him on to the title of my home? (I think I have to refinance in order to do that and that cost is prohibitive right now with what we will have to put out for the I130 and I485). Will that cause problems for us? It will be done some day, but we really can't afford both at once.
3) Once we are married and file the I130 and I485, it looks like it takes about 90 days for him to receive his Conditional status, is that an accurate observation?
4) At what point does his H1B visa change and what does it change to?

Thank you, in advance, for helping us through this process.

 

[Jackolantern]

1) Is there a length of time they look at from the time we met to the time we get married? Or are they more interested in the evidence of the marriage (combined accounts, utilities, etc)?

There is no specific minimum length of time. But the longer your pre-marriage relationship, and the longer the marriage itself, the better it is for you. The shorter the relationship and marriage, the more likely they will be suspicious and give you a hard time. So if you have had a very short relationship, try to delay the green card process as much as is practical for you, in order to strengthen your case. He has more than a year left on his H1B, so there is no need to rush.

2) I purchased my home before we ever met, it is necessary to add him on to the title of my home?

No, just make sure you have other joint arrangements like bank accounts, utility bills, etc. for the same address.

3) Once we are married and file the I130 and I485, it looks like it takes about 90 days for him to receive his Conditional status, is that an accurate observation?

90 days is possible, but 4-5 months is more realistic.

4) At what point does his H1B visa change and what does it change to?

After the interview and the subsequent green card approval, his H1B is terminated and he gets a green card. Until then, he would keep his H1B status as long as he keeps working for the same employer in the same job.

 

[jamminjoni]

Thank you for the information, that helps a lot and of course stirs more questions.

If we are in the middle of the process (ie that 4-5 month processing wait time) and his H1B expiration date comes up, what do we do then?

 

[Jackolantern]

Once the I-485 has been properly filed, he can legally stay in the US until the green card is either approved or denied.

However, if he needs to continue working in the US while the green card process is pending and after his H1B has expired, he will need an employment authorization card. That is obtained by filing form I-765 together with or after the I-485 has been filed. The employment card takes 2-3 months to be approved and issued, so the I-765 should be filed when he still has more than 3 months left on his H1B.