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Marrying Green Card Holder
- Thread starter msuku
- Start date
No Title
Hi,
I am in the same situation as you are. I am a Green Card holder and my fiance is here on a student Visa (F1). I am not sure if it would affect his VISA status when we get married. Also, do you have an idea if I can file for his GC in the family based category and approximately how long does it takeh (as against the employment-based category once he gets ahis own H1)?
I was being told by my friend that GC processing in the family based category for the spouse of a GC holder who is already in the US (on F1,H1 etc..)is much faster as against those who are in their native lands. Is it true?
Your respone would be highly appreciated.
-Zeta.
Hi,
I am in the same situation as you are. I am a Green Card holder and my fiance is here on a student Visa (F1). I am not sure if it would affect his VISA status when we get married. Also, do you have an idea if I can file for his GC in the family based category and approximately how long does it takeh (as against the employment-based category once he gets ahis own H1)?
I was being told by my friend that GC processing in the family based category for the spouse of a GC holder who is already in the US (on F1,H1 etc..)is much faster as against those who are in their native lands. Is it true?
Your respone would be highly appreciated.
-Zeta.
Alex Locate
Registered Users (C)
No Title
If the spouse of GC holder is outside USA then the spouse has to wait for several years to come to USA ( V visa might help if you file I-130 form before December 21 2000 and if it\'s pending for more than 3 years ).
However if the spouse is legally in USA then here is what INS Web site says :
Usually, if a spouse is petitioning for you and you are currently in the United States through a lawful admission or parole, you may file a Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time your spouse files the I-130 petition on your behalf.
So you need to file I-130 form ( the petition to sponsor a LPR status for your spouse ) and at the same time your spouse files I-485 form however after I-130 gets approved your spouse will have to wait for 4-6 years to get an immigrant visa number.
Some lawyers say that all this time your spouse will have to maintain his/her Visa status in USA on his/her own and NO work permit will come out as a result of I-130/I-485 filling. Though it contradicts with what the guide for I-485 says : since you file this form you can get a work permit and you are legally in USA as a holder of I-485. No need to maintain your Visa status on your own.
Also now there is a new law in the Congress which will allow the spouses of LPR to stay and to work in USA while their applications for LPR are pending. But ... God knows now long it\'s going to take for this law to go thru the Congress.
Does anyone have any practical experience of joining the spouse of LPR if the spouse is in USA ?
Thank you,
Alex.
If the spouse of GC holder is outside USA then the spouse has to wait for several years to come to USA ( V visa might help if you file I-130 form before December 21 2000 and if it\'s pending for more than 3 years ).
However if the spouse is legally in USA then here is what INS Web site says :
Usually, if a spouse is petitioning for you and you are currently in the United States through a lawful admission or parole, you may file a Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time your spouse files the I-130 petition on your behalf.
So you need to file I-130 form ( the petition to sponsor a LPR status for your spouse ) and at the same time your spouse files I-485 form however after I-130 gets approved your spouse will have to wait for 4-6 years to get an immigrant visa number.
Some lawyers say that all this time your spouse will have to maintain his/her Visa status in USA on his/her own and NO work permit will come out as a result of I-130/I-485 filling. Though it contradicts with what the guide for I-485 says : since you file this form you can get a work permit and you are legally in USA as a holder of I-485. No need to maintain your Visa status on your own.
Also now there is a new law in the Congress which will allow the spouses of LPR to stay and to work in USA while their applications for LPR are pending. But ... God knows now long it\'s going to take for this law to go thru the Congress.
Does anyone have any practical experience of joining the spouse of LPR if the spouse is in USA ?
Thank you,
Alex.
No Title
Hi Alex,
Thanks a lot for this explanation.
But I think what my understanding is that one can file for I-485 only when one\'s priority date is current? Is there any difference in the processing of family-based and employment-based categories. I got my GC thru the latter processing and am aware of all the steps there but have no idea about the family-based. Are I-130 and I-485 the only two forms that need to be filed if the spouse is already in the US?
And if it\'s true that priorty date need not be current for family-based to file I-485, then one gets atleast the work permit (which,however, contradicts with what the lawyers say..), then this is lot better than going in thru employment based. I am weighing the pros/cons of the two..
It would really be very helpful to hear from someone who has practically gone thru this process .
Hi Alex,
Thanks a lot for this explanation.
But I think what my understanding is that one can file for I-485 only when one\'s priority date is current? Is there any difference in the processing of family-based and employment-based categories. I got my GC thru the latter processing and am aware of all the steps there but have no idea about the family-based. Are I-130 and I-485 the only two forms that need to be filed if the spouse is already in the US?
And if it\'s true that priorty date need not be current for family-based to file I-485, then one gets atleast the work permit (which,however, contradicts with what the lawyers say..), then this is lot better than going in thru employment based. I am weighing the pros/cons of the two..
It would really be very helpful to hear from someone who has practically gone thru this process .
Spouse of a Green Card Holder
Hi,
My wife is in a similar situation. We got married on 12th Nov, 2000 outside the country and then both of us entered the country on H1 and H4 on 10th Dec 2000. After I came back to the country I was informed that my GC was approved on 21st Nov. We however entered on H1 and H4. MY lawyer said that we file for my Wife\'s I-485. We filed it in Jan 2001 and she got her EAD and AP. She is now studying here. We have not heard back yet on her I-485 application. Her finger printing was done in May 2001.
This is my case. If you have any info or questions please let me know.
with best wishes
Hi,
My wife is in a similar situation. We got married on 12th Nov, 2000 outside the country and then both of us entered the country on H1 and H4 on 10th Dec 2000. After I came back to the country I was informed that my GC was approved on 21st Nov. We however entered on H1 and H4. MY lawyer said that we file for my Wife\'s I-485. We filed it in Jan 2001 and she got her EAD and AP. She is now studying here. We have not heard back yet on her I-485 application. Her finger printing was done in May 2001.
This is my case. If you have any info or questions please let me know.
with best wishes
No Title
It\'s great that you got your wife\'s EAD/AP but I am just curious to know as to how could you file for your wife\'s I-485 if your GC was approved by then? Is it because you got married on 12th Nov. and your GC approval date is 21st Nov. which is still ahead of your date of marriage?
Could I please have your email id so that I can discuss this with you in more detail. (just because you and I are in more or less the same situation). I got my GC approved only recently (July 2001) but we are getting married only in Dec. this year.
My email id, btw, is zetagupta@hotmail.com
Thanks
It\'s great that you got your wife\'s EAD/AP but I am just curious to know as to how could you file for your wife\'s I-485 if your GC was approved by then? Is it because you got married on 12th Nov. and your GC approval date is 21st Nov. which is still ahead of your date of marriage?
Could I please have your email id so that I can discuss this with you in more detail. (just because you and I are in more or less the same situation). I got my GC approved only recently (July 2001) but we are getting married only in Dec. this year.
My email id, btw, is zetagupta@hotmail.com
Thanks
I do have another question for the group
I got my 485 approval this month & the I-551 stamped. My fiancee lives overseas. We intend to get married. She has a 5 year B1/B2 visa. Is there anyway for us to be together in the US while applying for her greencard other than her being on an F1 or H1B? If not, how long does she have to wait before she can come into the US?
I got my 485 approval this month & the I-551 stamped. My fiancee lives overseas. We intend to get married. She has a 5 year B1/B2 visa. Is there anyway for us to be together in the US while applying for her greencard other than her being on an F1 or H1B? If not, how long does she have to wait before she can come into the US?
No Title
I guess it doesn\'t really matter if it\'s B1, H1 or F1 ..as long as it is SOME VAILD visa. Your fiancee can come to US on her own B1 visa and you may then file for her GC in the family based category (once you get married..) which would be the same as it is for H1 or F1.
I guess it doesn\'t really matter if it\'s B1, H1 or F1 ..as long as it is SOME VAILD visa. Your fiancee can come to US on her own B1 visa and you may then file for her GC in the family based category (once you get married..) which would be the same as it is for H1 or F1.
Ramesh1234
New Member
Marriage after getting Green Card -Pl rise to ISN.org
Hi
All the people who are suffering to get married or get spouses to live with them because they are in Green card status.Pl respond with
your case to ISN.org.They need to know the no. of people affected to fight to get a new law passed.email amarveda@isn.org,isn@isn.org
Hi
All the people who are suffering to get married or get spouses to live with them because they are in Green card status.Pl respond with
your case to ISN.org.They need to know the no. of people affected to fight to get a new law passed.email amarveda@isn.org,isn@isn.org
Urgent advice sought
Hi Friends,
I have been on F1 status in US which is expiring in coming december and will have to leave this country immediately after that.Cannont get h1 under tough market conditions.
I have recently got married to GC holder and wondering what should i do next to stay in this country.Your suggestions highly appreciated
Hi Friends,
I have been on F1 status in US which is expiring in coming december and will have to leave this country immediately after that.Cannont get h1 under tough market conditions.
I have recently got married to GC holder and wondering what should i do next to stay in this country.Your suggestions highly appreciated
prashanth R
New Member
GC Sponsorship by Immed Relative(LPR)
Alex,
I-130 and I-485 can be filed at the same time only by Citizens who wish to sponsor a relative . LPR can only file I-130 and then wait for a Immigrant Visa # to become available which might take years at the current rate .I guess there is no other way but to wait till the spouse becomes eligible for a V-visa(3-years after application date) if a LPR is sponsoring the GC . Correct me if I am wrong .Thanks .
Alex,
I-130 and I-485 can be filed at the same time only by Citizens who wish to sponsor a relative . LPR can only file I-130 and then wait for a Immigrant Visa # to become available which might take years at the current rate .I guess there is no other way but to wait till the spouse becomes eligible for a V-visa(3-years after application date) if a LPR is sponsoring the GC . Correct me if I am wrong .Thanks .
AnilAbraham
New Member
About I-130 and I-485 urgent Help needed
Hi,
I am on H1 visa now but I got married to a GC holder in last November. She applied for my I-130 in January, 2001 and we got a receipt on Feb 2001. Now we are waiting for the approval of my I-130. Can anyone guide us on
1. How long it will take for I-130 to get approved
2. Can we apply for the I-485 and Work Permit right after the I-130 got approved??
If any one have practical experience then it will be a big help for me
Thanks
Anil
Hi,
I am on H1 visa now but I got married to a GC holder in last November. She applied for my I-130 in January, 2001 and we got a receipt on Feb 2001. Now we are waiting for the approval of my I-130. Can anyone guide us on
1. How long it will take for I-130 to get approved
2. Can we apply for the I-485 and Work Permit right after the I-130 got approved??
If any one have practical experience then it will be a big help for me
Thanks
Anil
Spouse of a I-485 applicant
Hi,
I am currently applying for my adjustment of status and my marital status is single. If I get married during the middle of I -485 processing, can my spouse come to US as my dependent without any problem? Can she be added as my dependent later on and also get her GC at the same time as I do?
If any one knows the answer please help.
Thanks.
Anand
Hi,
I am currently applying for my adjustment of status and my marital status is single. If I get married during the middle of I -485 processing, can my spouse come to US as my dependent without any problem? Can she be added as my dependent later on and also get her GC at the same time as I do?
If any one knows the answer please help.
Thanks.
Anand
Veeraraghavan
New Member
Time frame for bringing G.C holder\'s spouse.
Dear Friends,
I am green card holder(from sep 2000),and in a position to marry a girl soon from India. Will anybody answer my questions.
(1)How long(years) will it take to bring her to USA ?
(2)What is the time frame for qualifying for V-Visa ?
(3)After marraige can I bring my wife through anyother temporary visas(Like vistors Visa) ?
I am already 33 years old...I cannot wait for a long time..Ofcourse I am in a critical situation to marry a girl from India..
Friends please help me out..............
Veera.
Dear Friends,
I am green card holder(from sep 2000),and in a position to marry a girl soon from India. Will anybody answer my questions.
(1)How long(years) will it take to bring her to USA ?
(2)What is the time frame for qualifying for V-Visa ?
(3)After marraige can I bring my wife through anyother temporary visas(Like vistors Visa) ?
I am already 33 years old...I cannot wait for a long time..Ofcourse I am in a critical situation to marry a girl from India..
Friends please help me out..............
Veera.