Waiting period for filing green card

[ssubrah]

Hi all,

My fiance is filing for citizenship in the next few months. Once he gets his citizenship I am going to apply for a green card as his spouse. I currently have a H-1B.

My question are:

Is there a waiting period after we are married (I have heard that it may be upto two years) before I can file my application or can it be done right away after marriage?

Do I need to maintain my H-1B status while the application for green card is being processed?

Thanks,
Su

 

[cherr1980]

After he received his naturalization certificate he can petition for you and file for your AOS.

After he had in his hand the naturalization certificate then:

You don't have a "need" to mantain your H-1B status, it is really up to you, in any case will still be valid during the process until its expiration date or if your gc gets first than your expiration date. If you apply for EAD base in your marriage petition and you use it then you loose your H-1B status and if you need to travel then you will need to ask for an advance parole but you will be able to work to whoever you want. You will be in authorize stay until you have a result on your gc application.

Many people in this forum are in your same situation on H-1B and choose to continue in H-1B status because give them more mobility (plus for EAD marriage based and advance parole cost money) until well the H-1B expired and then need to use the EAD by marriage based.

You can check this:
http://www.immigration.com/faq/h1bvisa.html#93 (q.47)
http://www.immigrationportal.com/archive/index.php/t-185322.html
http://uscis.gov/graphics/howdoi/h1b.htm

Good luck,

 

[ari4u]

Hi all,

My fiance is filing for citizenship in the next few months. Once he gets his citizenship I am going to apply for a green card as his spouse. I currently have a H-1B.

My question are:

Is there a waiting period after we are married (I have heard that it may be upto two years) before I can file my application or can it be done right away after marriage?
No. You can file right away.
Do I need to maintain my H-1B status while the application for green card is being processed?
Thats your call. I agree with what Cherr said in her post.
Thanks,
Su