What benefits a person gets if married to GC holder

H

harapattawaiter

Registered Users (C)
Guys
One of my friend is here on L1 visa, he is planning to get married to a GC holder. Will he get any advantage, I mean how much time does it take in such kinda of GC. Any help highly appreciated.
Thanks
 
no advantage. spouses of GC holders have to wait over 5 years to become GC holders themselves, unless congress passes a new law.
 
But do they get EAD? If it is 5 years, the GC holder will have the citizenship and everything will be easy.
 
What about if a GC holder gets married to a US citizen?

What are the rules for how long you can stay in the country etc? Do you still need GC?
 
even they have to file AOS one of my friend did it. but it takes around 1 year to get it they are pretty faster than employment based.
 
Originally posted by frantic
But do they get EAD? If it is 5 years, the GC holder will have the citizenship and everything will be easy.
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No. 3 years after the filing of the I-130 they can get a V visa, which can then get you an EAD.

Bottom line, file the I-130 while you still have 3+ years left on your H or L, then change to V status upon expiration. If the spouse becomes a citizen in the interim, file an amended I-130 and I-485/131/765 right away.
 
What is "Advantage" in a Marriage ? I think we seem to getting lost in this immigration roadblock. I thought marriage criteria should be different.
 
I'm not asking about advantage. Just curious as to the rules.

PLEASE does anyone know the answer? Thanks guys :)
 
Originally posted by Scotgirl
Does anyone know the answer to my question above?
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Marriage to a GC holder gives you the right to have an I-130 filed on your behalf, and nothing more until your priority date becomes current or 3 years pass from your priority. Until that point you need some other way of keeping yourself in legal status - typically by H or L since they allow dual intent, or via a V-3 once the 3 years have passed.

Unlike marriage to a US Citizen, marriage to a permanent resident does not allow you to file for adjustment right away.
 
I think my question was maybe unclear.

I'm asking, if a GC holder marries a US citizen, do they still need GC to work? Are they still subject to the GC rules (of being in the US for 6 months of the year etc.)? Or does status change at all?

Thanks guys!
 
Originally posted by Scotgirl
I think my question was maybe unclear.

I'm asking, if a GC holder marries a US citizen, do they still need GC to work? Are they still subject to the GC rules (of being in the US for 6 months of the year etc.)? Or does status change at all?

Thanks guys!
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Yes, to work and live in US, you need GC. They are considered the same as other GC holder which is obtained from employment.

A person obtaining GC thru american citizen gets conditional GC for one year and then he/she has to apply for permenant GC.

Only advantage is, a person obtaining GC thru american citizen can apply for citizenship after 3 yrs which is 5 yrs for employment based category.
 
Originally posted by Scotgirl
I think my question was maybe unclear.

I'm asking, if a GC holder marries a US citizen, do they still need GC to work? Are they still subject to the GC rules (of being in the US for 6 months of the year etc.)? Or does status change at all?

Thanks guys!
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A GC holder who later marries a US citizen is still subject to the GC rules, until he/she obtains a US Citizenship.

One advantage though, if the person and the US citizen spouse travel to another country and having difficulties while abroad, they can go to the US consulate for help.
 
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Thanks, that cleared things up a bit.

I am applying through employment and do not intend to get engaged any time soon but just in case, I wondered what the rules would be.

I guess I'll be on GC forever as I'm not intending to apply for citizenship.

Thanks again.
 
Originally posted by Scotgirl
do not intend to get engaged any time soon but just in case,
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..........so you are saying you are available..........wanna go out some time;)
:p :p :p
 
Originally posted by Scotgirl
He he he, my boyfriend might have a problem with that :p

Thanks for the offer though! ;)
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Thank you, so you don't have any problem:) , it's only your boyfriend.;)
 
Why don't people want to apply for citizenship, if you are planning to stay in the US? Are there any disadvantages?
 
I'm just happy with my British citizenship really. Also, I've really suffered enough through this whole GC wait. I do not want to go through the whole thing again for citizenship.

Ahh, actually yes, I would have a problem GC050102 - sorry I wasn't clearer :)
 
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