I got married to a GC holder, what shall I do next? please help

[babu_05]

I got married recently and she recently got her GC. I'm on H1b for two years now and didn;t apply for GC yet.

What would be the next step for me and how is that gonna affect my status?

My current job is temporary. If I apply for GC as a spouse, how long does it take to get my legal presence or work permit in case I loose my current job?

Any help will be greatly appreciated. Thanks.

 

[hadron]

Did you get married just before she got her GC, or after ?

If I apply for GC as a spouse, how long does it take to get my legal presence or work permit in case I loose my current job?

6 years. (its known as the 'gap')

It is crazy, if you marry someone while they are in GC proceedings, you can 'follow to join' and adjust status based on THEIR immigrant petition. If you marry someone 1 day after they receive their GC, you have to wait 6 years.
Sometimes it is faster to wait for the spouse to become a citizen, that avoids the waiting game (or to 'upgrade' the petition once the spouse becomes a citizen).

What would be the next step for me

To get a GC through your own work. Or at least to get the process started (labor cert) so you can extend your H1b long enough to wait out the time until the GC through your wife comes through.

 

[babu_05]

Thank you hadron.
I got married after she got her GC.

As I'm already in USA, once I apply for GC as a spouse do I have to stay in status (as h1b or so) the entire 6 year period?

Are they gonna issue me a work permit or something similar to stay in status? If they do, how long do I have to wait for that?

 

[hadron]

> once I apply for GC as a spouse do I have to stay in status (as h1b or so)
> the entire 6 year period?

This is my understanding. Unless you want to overstay and wait it out until your spouse is a citizen and able to get your misdeeds forgiven for being a direct relative of a citizen.

> Are they gonna issue me a work permit or something similar to stay in
> status? If they do, how long do I have to wait for that?

Unless there are provisions I don't know much about ( e.g. V-visas), you would not be able to file for your employment authorization until a 'visa number becomes available' (and you are eligible to file for adjustment of status). And the wait for a visa number for a spouse of a GC holder is something like 6 years.

 

[amishah]

Thank you hadron.
I got married after she got her GC.

As I'm already in USA, once I apply for GC as a spouse do I have to stay in status (as h1b or so) the entire 6 year period?

Are they gonna issue me a work permit or something similar to stay in status? If they do, how long do I have to wait for that?

Unfortunately you will have to maintain your own status for all 6 years. They won't issue you a work permit or anything until she become a USC and you file I 485.