QUESTION
Can my husband apply for my green card when he applies for his?
Asked on May 18th, 2012 on Immigration - New York
More details to this question:
My husband is looking into applying for a green card through employment after his boss suggested he started looking into it. My question is, when he applies for his visa can he apply for me to become a permanent resident with him? If so what is the waiting time? We are both UK citizens, I am currently on a J visa... Will the fact he is married affect his application and will it take longer because he's married? And also I am guessing that I will be able to work if its possible for me to become a permanent resident with him?
7 ANSWERS
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Your husband can also include you on his application for a green card. The fact that he is married will not affect the merits of the case. Once you are granted residency along with your husband, you will have all the same rights as other green card holders including the right to work legally.
Answered on Jun 07th, 2012 at 12:35 AM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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It will take years for the visa number to become current on a PERM. He should apply for the H-1B first. *H-1B Specialty Occupation Visa* You qualify for what is known as the H-1B Specialty Occupation Visa. You will need to have an employer agree to sponsor you for a job. It does not need to be a full-time position, but it should be related to your degree. Our firm can do the entire petition. Once we begin processing and get it filed, it normally takes about six to nine months to get the approval. Please note that H-1B's are very limited and are only available for small periods of time during the year. Therefore, Premium Processing discussed next should be used. If you want a work permit in an expedited manner, you can take advantage of the Premium Processing program at USCIS. This will allow you to have the expedited answer in less than one month. You will need to add $1,500.00 to the cost below for Premium Processing. There are only a limited number of H-1B's and it must be filed by April 1. However, it is still possible it will not get selected for this years allotment.
Answered on May 29th, 2012 at 2:58 PM
If he applies on the basis of his employment, and you are married at the time he applies, then you can apply along with him.
Answered on May 25th, 2012 at 5:44 PM
Business Law Attorney serving Atlanta, GA
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Elkhalil Law, P.C.
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Yes you husband can apply for your green card with him at the same time based on his employment application. Since you are on J visa, you may need to file for a waiver before your green card is approved.
Answered on May 25th, 2012 at 2:45 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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You can apply with your husband to adjust status and it will not increase the time due to his?marital?status. ?just make sure you are not subject to the two year residence rule from your J-1 status.
Answered on May 24th, 2012 at 7:55 AM
Generally, a spouse may adjust status along with her husband's employment-based adjustment of status process, and can get authorization to be employed while the adjustment of status application is pending. Note: for someone in the U.S. with a J-1 visa, it will be important to examine whether a two-year home residency requirement applies, whether it has been met and/or whether it can be waived.
Answered on May 23rd, 2012 at 7:46 PM
Litigation Attorney serving Pearl River, NY
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Law Office of Bijal Jani
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Your husband can list you as a derivative beneficiary on any permanent resident applications that may be filed for him by an employer. However, you should take into consideration the requirements of your J visa for entering/exiting the country.
Answered on May 23rd, 2012 at 7:42 PM