QUESTION
I am a US resident and want to marry my fiance who is here on H1B visa can I petition for I130 for her?
Asked on Jan 27th, 2013 on Immigration - Michigan
More details to this question:
I am a US resident, born in USA. Want to marry my fiance who is here on H1B visa in USA. Can I petition for I130 for her, and I485, and EAD simultaneously? She is in the last 6 months of eligibility for her H1B.
8 ANSWERS
Yes, if you are a US citizen and she is in the US in lawful H-1B status, you can get married and after marriage petition for her green card on the basis of marriage. She will be eligible to file I-485 concurrently with the I-130. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Feb 07th, 2013 at 3:33 PM
Adebola O. Asekun
As a United State legal resident, you can marry and file an I-130 petition for your H1B fiance. The petition will be classified in the F2A [immediate relative of a Lawful Permanent Resident] The current processing time is about 27 months for visas in that category to become current. By then, her H1b visa will have since expired. Unless you have naturalized by then, please note under current law, she may not be eligible to adjust her status if she is not in status when her visa becomes current. You'd need to consult with an attorney to define a strategy for her to remain in some kind of nonimmigrant status for the duration of the period that her I-130 petition is pending.
Answered on Jan 29th, 2013 at 9:27 AM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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You can petition her once you marry. However, she needs to wait for a visa or you need to naturalize for her to be eligible for adjustment of status.
Answered on Jan 29th, 2013 at 9:25 AM
Immigration Attorney serving Las Vegas, NV
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Law Office of Arsen V. Baziyants
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Seems like you can, but understand that there many areas in your situation for a lawyer to examine before a yes or no answer can be given.
Answered on Jan 28th, 2013 at 5:14 PM
Immigration Attorney serving Madison, WI
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Wren & Gateways Law Group, LLC
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If you were born in the US, you are a United States citizen. As a citizen, you can petition for your spouse, and all of the documents you mentioned can be filed concurrently. I would strongly recommend consulting an attorney before you submit your documents because simple mistakes can add months or even years to the time it takes to get a green card.
Answered on Jan 28th, 2013 at 5:14 PM
She cannot file for I-485 until her priority date is current since you are not a citizen.
Answered on Jan 28th, 2013 at 5:13 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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Yes. You can file for her now. And the entire process only takes about 3 months if done correctly.
Answered on Jan 28th, 2013 at 5:13 PM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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Not unless you are a citizen.
Answered on Jan 28th, 2013 at 5:13 PM