Marriage to a green card holder

T

tonymj80

Registered Users (C)
Hi All
My fiancee is a green card holder and I hold an H1B visa. From what I have read so far, my understanding is that, unlike when a person marries a US citizen and then gets a conditional green card, a person who marries a green card holder will not get a conditional green card but will have to file for one through their spouse (and this could take some time, perhaps 5 to 7 years).

So based on the above I have the following questions:

1. Have I stated the above correctly or am I mistaken with regards to what I said above?
2. Assuming that the answer to 1 is true, can I retain my H1B status with my current employer while my spouse files a green card on my behalf?
3. Assuming that the answer to 1 is true, can I still change jobs and get my H1B visa transferred from one employer to another?
4. Assuming that the answer to 1 is true, and if my spouse has filed for my green card before the 5th year of my H1B, will I still be allowed to file for an H1B extension through my employer or do I need to spend one year outside the United States and then return with a new H1B?
5. Assuming that the answer to 3 is true, would there be any restriction where if I were to change employers it would have to be before the 5th year of my H1B so that I will still be allowed to file for an extension?

Thanks.
 
If your fiancee is a GC holder he/she will get c-ship after 5 yrs of being a PR then can apply for GC for you. If he/she has to wait for C-ship more than 2 years, your GC would be permanent not conditional by that time.
Yuo have two options: 1. stay in valid h1 status untill he/she get cit-ship and apply for your GC, and continue working. 2. If you fall out of status you still be elegible for GC but could not work legaly.
 
Last edited by a moderator:
Hi
Thanks for your response. But I was wondering if my fiance can start applying for my green card before getting citizenship. Is it really necessary for my fiance to wait for citizenship before my fiance can start applying for a green card on my behalf after we get married? Also if either you or anyone else can answer some of the other questions I posted that would be really great. Once again thanks for all your help.

Thanks.
 
tonymj80 said:
Hi
Thanks for your response. But I was wondering if my fiance can start applying for my green card before getting citizenship. Is it really necessary for my fiance to wait for citizenship before my fiance can start applying for a green card on my behalf after we get married? Also if either you or anyone else can answer some of the other questions I posted that would be really great. Once again thanks for all your help.

Thanks.
Click to expand...

While it is possible to apply for GC before his citizenship, pending I-130 application would not provide any legal status and waiting time is much longer than for USC .
How it can effect H1 extension?

Sorry but I have no answer to this Q
 
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