Married to girl who has GC

M

mnimesh1

Registered Users (C)
Hi All,

I recently married to a girl who has a GC with her. I have an H1 valid till Oct 08. and then 14 months beyond that, I was not in US during my H1 tenure earlier.
Should I apply for my GC thru my wife or my employer? I dont have a US degree with me, just the BE from India. My lawyer told that applying thru employer would be faster compared to my wife thru the PERM process.
Doesn't the PERM process apply only for the degree holders from US?

Please advise.

If I file thru my wife, Can some one tell me whats the exact procedure in doing this? (Filing I-130 first, wait till it gets current and then filing I-485) Is this correct? If not please correct me.....

Thanks for your help.
 
mnimesh1 said:
Hi All,

I recently married to a girl who has a GC with her. I have an H1 valid till Oct 08. and then 14 months beyond that, I was not in US during my H1 tenure earlier.
Should I apply for my GC thru my wife or my employer? I dont have a US degree with me, just the BE from India. My lawyer told that applying thru employer would be faster compared to my wife thru the PERM process.
Doesn't the PERM process apply only for the degree holders from US?

Please advise.

If I file thru my wife, Can some one tell me whats the exact procedure in doing this? (Filing I-130 first, wait till it gets current and then filing I-485) Is this correct? If not please correct me.....

Thanks for your help.
Click to expand...
PERM is very fast, and I-140 too. The problem is you will be most likely stuck
in retrogression after I140. YOu can not file I485 til your PD becomes current, which seems to be way far ahead in today's immigration trend.
It does not seem much different in processing time for FB and EB nowaday.
 
We have the same problem...

My wife too is in GC & I'm on H1.
I'm on extension...expires April 2009.

I have already filed my I-130 thru my wife in GC (FB-2A).

Our lawyer told us that we can upgrade the petition to that of Immediate Relative when my wife gets naturalized. She will apply for naturalization next year, so it leaves me 2 years time-frame to get the GC done or I'll be out of status.

We're wishing for the best!

But this damn retrogression thing has been phenomenally way out...May 2006's Visa Bulletin on F2A date was May 2002...now in June 2006's VB is April 2001...that's more than a year of sliding back! :mad:

***
If you have the financial capacity...better to do both...apply I-130 thru GC then upgrade when your spouse becomes USC and I-140 thru your employer. Which ever comes first, at least, you have options.

Good luck!
 
I130 questions for H1 married to GCholder

Hi All,

Thanks for the reply. I am trying to fill out the I-130 form for applying for my GC thru wife. Please advise on some questions.

I am on H1 presently working in US. I recently married to a girl in India who has a Green Card with her. I am planning to apply for a GC thru her and filing I-130 and G325-A forms.

1) In I-130, Ques. 19, what’s your relative address abroad? What should I write in this? My current address in US or address in India?
2) In I-130, Ques. (17), List husband/wife and all children of your relative? In that case, since my wife is filing for me (myself----husband being the relative), Should we write her name in this place? We don’t have any children.
3) I printed off G325-A one for me and other for my wife, finding that there are 4 similar forms to be filled out for each one? Does anyone know whether we need to fill out all these forms?
4) Clause 13 in I-130 instructions calls for notice to persons filing for spouses married less than 2 yrs, which applies to our case…Do I need to take any precaution for this?

Also my H1 expires in June 2010 after all possible & positive extensions. In case I do not get my GC by then which is most likely going to happen, what options do I have have? Can I then apply thru my employer and get 7th year extension?

Thanks,
Nimesh
 
1) I wanted to put N/A but was adviced by a lawyer to put my parents' address in my home country. Put your address in India even if you currently live in the U.S.

2) Yes, you should list your wife there.

3) If you use the fillable form, then all pages will be filled automatically when you fill out the first page. You will need to include all pages in your application.

4) You do not have to do anything special right now. If you get a conditional green card, then 21 months after you get that green card you need to file form I-751 to remove conditional status.
 
4) Of course, you will probably have been married for two years by the time your PD becomes current, so this is really not your biggest concern.
 
Hi guys,
Thanks for the answer.
But Can someone advise me what about what to do in case my H1 which expires in June 2010 and I dont get a GC thru my wife by that time, What to do next then?
Can I apply for GC then thru my employer and apply for 7th year visa extension?

Please advise.
Thanks.
 
Your wife should be aware of the requirements to apply for US citizenship. Sometimes people travel abroad for more than 6 months and break the continuous residency and that can delay your plans.
 
My wife has not been staying too long in US in last 5 yrs. We plan for her to stay continuously for 5 yrs from not breaking the stay for more than 6 mths. but that cud happen in 2011 and I will be out og status by that time.
What do I do?
Should I apply GC thru wife, and hope that I get it before my H1 expires in 2010 or should go with my employer in which case I can apply for visa extension till I get my GC and can stay here?
Please advise

Thanks.
 
mnimesh1 said:
Hi guys,
Thanks for the answer.
But Can someone advise me what about what to do in case my H1 which expires in June 2010 and I dont get a GC thru my wife by that time, What to do next then?
Can I apply for GC then thru my employer and apply for 7th year visa extension?

Please advise.
Thanks.
Click to expand...

I think you can apply for 7th year extension only if your labor certification or your I140 has been pending for over 1 year, or your I140 is approved but your I485 is pending due to visa number unavailability.

I am not quite sure if applying through your employer or applying through your GC spouse is faster... And I am not sure how you switch from one to the other in the middle of the process, or if you can do it in parallel. You will have to consult other experts on these questions...
 
mnimesh1

This is how it goes for naturalization

1> condition Has she got GC for 5 years if yes then it is half of it is continus stay in US or not. if continus clause is broken then she has to saty for 4 years 1 day to become eligiable not 5 years, and for your other question what to do next after 2011 it is way far to think now. and also if by chance your labour is approved you can ask for 7 year extension so dont worry i am in same boat I am already in 8 year extnesion of my H1 and waiting for my wife sponserd GC from 2001. Anyway GOOD LUCK.
 
You can apply GC through your wife now and apply through your employer later on, both are totally independent from each other.
 
Hi,
My wife does have her GC since June 2002, but she has been here in US only for about 15 days ~ 1 month/yr. becos of her studies going on in India.
How much time she need to spend here in US without a break to apply for a citizenship? I heard it was 5 continuous yrs. Can someone advise?

Thanks,
 
mnimesh1 said:
Hi,
My wife does have her GC since June 2002, but she has been here in US only for about 15 days ~ 1 month/yr. becos of her studies going on in India.
How much time she need to spend here in US without a break to apply for a citizenship? I heard it was 5 continuous yrs. Can someone advise?

Thanks,
Click to expand...

This question keeps getting asked so many times.... Here is the answer again.

In order to be eligible for naturalization, your wife...
1. Should have been a permanent resident for atleast 5 years
2. Should NOT be out of the US for 6 months or more on a single trip after she became a permanent resident.
3. Should show physical presence of 30 months as a permanent resident in the US.

Going by what you wrote about your wife staying out of the US for 11 months every year, she will not be eligible for naturalization till she satisfies all three requirements.
 
Hi,

I am trying to fill out the G325A form along with I-130. In that there is a clause where I need to say whether the relative will apply for a adjustment of status and if so then which city.....
What city should I write. I am from Atlanta, GA.
Can someone pls tell me whether I-130 and G-325A are the only 2 forms that I need to fill for applying for a GC thru my wife? I-485 should be filled out later once my petition becomes current?

Please advise.

Thanks
 
Write Atlanta, GA. Although you actually send the application to the lockbox in Chicago, Atlanta is where you will have your biometrics appointment and interview.
 
You should fill 'Atlanta' for AOS question and yes, at this time your wife just need to file I-130 and G-325A along with your G-325A.

Good luck
 
running_swede said:
Write Atlanta, GA. Although you actually send the application to the lockbox in Chicago, Atlanta is where you will have your biometrics appointment and interview.
Click to expand...

Swede,

Correct me if I am wrong - but my understanding is that if you are filing I-130 alone that has to go to the service center and not the Chicago Lockbox - it is only when you are filing the I-130 and I-485 concurrently that the applications have to go to the Chicago Lockbox - is it not?
 
His wife is a green card holder, so he cannot file concurrently since he is not eligible for AOS at this time. She must file at the respective Service Center.
 
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