Sponsoring a GC-holder's spouse

R

robbie

Registered Users (C)
Background:
1. I have been a GC holder for 10+ years.
2. My girlfriend is on H-1B and in currently in process of getting employment based sponsorship (EB3). She is trying to change it to EB2 (since she qualifies). She is also nearing the end of the 6 years on H-1B, so will need to get it renewed later this year.
3. We are both in the US.

Questions:
1. If I sponsor her for a GC through family-based sponsorship, what are the pros/cons if I remain a GC-holder vs. become a citizen? Does one make the process simpler than the other? What process do people typically follow?
2. Can she have 2 applications in parallel?
3. What is the most straightforward and quickest path to get her the GC when we get married? What would you do if in the same situation?

Will really appreciate your response. Thank you!
 
1. If you remain a GC holder, she would have to wait about 3 years to become eligible to file the marriage-based I-485 (i.e. the last major step of the process, which includes the interview). During those years of waiting she must maintain legal status by some other means (H1B from her company?). But if you're a US citizen she can file I-485 right away (assuming you're married to her, of course).

2. Yes.

3. Become a USC so you can file I-130, I-485, etc. and get her a green card in 3 to 6 months instead of the 3-year wait I mentioned above.

Is she from India or China? If not, given that you aren't a USC yet (and apparently haven't applied for it either) it may be faster for her to get a green card through her company if she can be in EB2. In addition, the employment-based green card would be a 10-year card without conditions, whereas the marriage-based green card would initially be a 2-year conditional card and she'd have to go through another bureaucratic process 2 years later to extend it to 10 years.
 
Last edited by a moderator:
Thanks Jackolantern. One more question: is the timing of the marriage have any bearing on the process? For example, how does the process vary if we apply for her GC after wedding vs. before wedding? What do people usually do?
 
You must log in or register to reply here.
Top