Marrying with a Green Card

[H1Advice]

Hi,

I have a green card. If I get married now how soon will I be able to sponsor GC to my spouse?

If that person is on H1, and I apply for a GC, will they issue an EAD first before a GC is given? How long will this take?

In between the approval of GC or EAD, will that person's H1 be still active? Basically I am trying to find out if there would be a gap in between where that person would have to be out of status and also about how soon the process would take?

Thanks
H1Advice

 

[BigJoe5]

H and L nonimmigrants are allowed to have "dual intent" to remain a nonimmigrant while seeking immigrant status. The H remains valid and an EAD and Advance Parole are not required for work and travel.

You as an LPR can file an I-130 for your spouse. When the priority date (initial I-130 filing date) is "current" on the Visa Bulletin, your spouse who is in the U.S. in a lawful status may file for adjustment of status based on the already approved I-130. Depending on country of origin and speed of the Visa Bulletin progression, it could take 4 to 9 months to become current.

Once the I-485 etc... are filed, the applicant can get an EAD and Advance Parole if desired but can also just rely on the valid H visa. The EAD and AP based on the AOS application is a safety net in case the H expires or fails to be renewed.

If the H expires before the priority date becomes current then the person would be ineligible to file for adjustment in the U.S. and would have to proceed abroad for consular processing.

 

[Jackolantern]

I have a green card. If I get married now how soon will I be able to sponsor GC to my spouse?

If that person is on H1, and I apply for a GC, will they issue an EAD first before a GC is given? How long will this take?

You can file I-130 immediately after getting married, but your spouse will still have to wait for months after the I-130 filing to become eligible to apply for the I-485 and EAD, based on the date movement in the visa bulletin.

The H1B status can be maintained all the way until the moment before GC approval, provided the H1B conditions are still be satisfied (i.e. the H1B is unexpired, and still working for the same H1B employer in the H1B-sponsored job and nowhere else).