Marring a DV winner with GC?

S

shinkansen

Registered Users (C)
I'm curious about this situation... H1B worker gets married to a DV Lottery winner that has a greencard (but not citizenship yet). If the H1B Marries DV/GC holder... can the H1B worker get a marriage based GC?
 
Yes, a GC holder can apply for GC for their spouse, no matter how they got the GC.

However spouses of GC holders have to wait years for an immigrant visa number to be available before you can actually apply for Adjustment of Status. Spouses of citizens don't have to wait.
 
So.. the whole wait years thing.. I read somewhere before about spouse having to be outside the US for 5 years?.

I have H1B for 2.5 more years (then I'll have been here for 6 years). Just wondering.. say I got married sometime before that 2.5 years are up to the GC holder... Would I at some point in time be required to leave the US? Or would I be able to stay here while the GC was being processed?...
 
You would have to leave the US if by the time your H-1B ran out, you didn't have an approved I-130. The current priority date for the F2A category is March 2002, which means, had you filed an I-130 in March 2002, it would be approved around now. If you extrapolate that, it means about 4 1/2 years from filing an I-130 to getting it approved, which means even if you filed tomorrow, you would most likely have to leave the US before it was approved.

How long until your possible spouse can get citizenship?
 
I know she's been in the US for 5+ years.. so I'd think she can get citizenship now. Question is, whether she wants to get it. Have to ask that question at some point.
 
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