how to start a process as i am on h1b visa and my wife has a gc

mcp99

New Member
hi guys,

i am new to this area. i got married to a girl having gc. i don't know how to start process for my gc as well as to get my EAD as i am on h1b visa. please guide me in detail if u can do.
 
At this time, your wife can only file I-130 and then you guys will have to wait for your priority date to become current and I-130 approved - which could easily take 4-5 yrs. Until that time, you will have to maintain your own status (eg H-1B that you are currently on - you can keep extending it until your I-130 has become current). Once the priority date of I-130 becomes current, you can apply to adjust the status if you are still in the US (by filing I-485) and can also file for EAD and AP.

Alternatively - you can wait until your wife becomes a citizen (may I ask how many yrs does she has before she becomes a citizen?) - once she becomes a citizen, she can file I-130 and you can concurrently file I-485 to adjust the status.

Either of the above ways, you will have to maintain your own status until you have filed I-485.

Hope this helps
 
she is goint to be a citizen next year in september.



a_usc said:
At this time, your wife can only file I-130 and then you guys will have to wait for your priority date to become current and I-130 approved - which could easily take 4-5 yrs. Until that time, you will have to maintain your own status (eg H-1B that you are currently on - you can keep extending it until your I-130 has become current). Once the priority date of I-130 becomes current, you can apply to adjust the status if you are still in the US (by filing I-485) and can also file for EAD and AP.

Alternatively - you can wait until your wife becomes a citizen (may I ask how many yrs does she has before she becomes a citizen?) - once she becomes a citizen, she can file I-130 and you can concurrently file I-485 to adjust the status.

Either of the above ways, you will have to maintain your own status until you have filed I-485.

Hope this helps
 
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