Marriage after Green Card

[nishj]

My background - I got a family based Green card in Nov-2005 and after that I took 2 year extension to stay in India to complete my education. I came back to the US in Dec-2007 and since then I am staying in the US. I am getting married this year in the end of October. My fiance is in India and has her H1B from this years quota approved but not stamped yet. I am trying to get her H1B visa stamped in Oct-2009 before our marriage.

Will there be any problems entering the US on the H1B after the marriage?

How much difference should be there between H1 stamped date and marriage date so that we don't face any issue when I apply for her green card? I have 2 options in applying for her Green Card. I can apply for it next year once she is here, or after I get a citizenship sometime in 2012.

For now, I can postpone the marriage registration to a later date (after she comes to the US) if that will make things easier.

Also, is there an issue if I wait for my citizenship to go thru and let her work on H1B? Can this cause a problem in the citizenship process?


Please advice.

 

[Triple Citizen]

Her marriage will not cause any issues with her current H-1B, future GC or your future citizenship.

Will there be any problems entering the US on the H1B after the marriage?

Also, is there an issue if I wait for my citizenship to go thru and let her work on H1B? Can this cause a problem in the citizenship process?

 

[Jackolantern]

Will there be any problems entering the US on the H1B after the marriage?

No. H1B allows immigrant intent.

Also, is there an issue if I wait for my citizenship to go thru and let her work on H1B? Can this cause a problem in the citizenship process?

She has to work with her H1B anyway until you get citizenship. Applying for her marriage-based GC while you are still a permanent resident won't give her any other legal status or work authorization.

 

[König]

I have 2 options in applying for her Green Card. I can apply for it next year once she is here, or after I get a citizenship sometime in 2012.

Since H1B allows dual intent, you can marry her as soon as you want. After you marry, I would suggest filing I-130 right away. Yes, it does not give any special status until her I-130 becomes current, but it could still help her obtain GC before her 6+1 year H1B period ends. If you obtain citizenship on-time, then good for you (and for her), but if something happens and you would not become a citizen, her pending I-130 could become current after 5 years or so. Anyway, filing I-130 right after your marriage could provide a nice cushion should you be unable to be naturalised.

 

[jllag1]

Since H1B allows dual intent, you can marry her as soon as you want. After you marry, I would suggest filing I-130 right away. Yes, it does not give any special status until her I-130 becomes current, but it could still help her obtain GC before her 6+1 year H1B period ends. If you obtain citizenship on-time, then good for you (and for her), but if something happens and you would not become a citizen, her pending I-130 could become current after 5 years or so. Anyway, filing I-130 right after your marriage could provide a nice cushion should you be unable to be naturalised.

+1. Thats a very good piece of advice that the OP should take, unless money is a constraint.