QUESTION
Can I apply for a marriage-based green card while on H1B?
Asked on Apr 14th, 2014 on Immigration - California
More details to this question:
Hi, I'm soon getting married to a US citizen and we've been discussing how the green card process will be. I'm currently in the US under a H1-B work visa. I have some questions on what to do next: 1. How soon can I apply for a green card after we get married? 2. Do I benefit from applying immediately or should I wait some years? 3. Can I do a green card application while still using the H1-B to work (and travel, as my work requires me to go out of the country quite a bit). I've heard that, while on the Green Card process, it's not recommended to get out of the country. 4. Will applying for the green card annul my current H1-B? Thanks for the help!
4 ANSWERS
Yes, you can apply for the green card on the basis of marriage literally the day you get married provided you have your marriage certificate. It will not affect your h-1b status.
Answered on Apr 25th, 2014 at 5:16 AM
Adebola O. Asekun
You can marry your US citizen boyfriend and thereafter concurrently file Form I-130 petition and the I-485 [Green card] You will be interviewed within about 6 months of filing your paperwork If all goes well, you will become a legal resident. But I urge you to contact an immigration attorney.
Answered on Apr 15th, 2014 at 4:38 AM
Bruce A. Coane
I would suggest seeing a board certified lawyer such as myself with all of your questions. generally there's no reason to wait and certainly no law about waiting.
Answered on Apr 14th, 2014 at 10:43 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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You can apply right away for the green card. There is really no reason to wait. The entire process only takes 3 months from start to finish. And the good news is that you can continue to use the H-1B visa throughout the entire process.
Answered on Apr 14th, 2014 at 11:28 AM