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Green card through my US Citizen wife from H1B

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  • Green card through my US Citizen wife from H1B

    Hi,

    I am on my second H1b visa working for an employer in the US. My employer started by greencard process through work about 6 months before I got married to my wife who is a US citizen.
    While a bit into the greencard process through work I realized that it would be quite beneficiary to do it through my wife instead, for about a year everything sort of came to halt for a while, I am on my H1b and legally in the country so I did not see any hurry in getting a new status. Now we have been married for 2 years in July this year and we are considering filling for a greencard through her.

    First of all I just wanted to make sure it is approved for me to file through her while I am here on non-imigrant status.

    Secondly I have seen a few different versions of how this process works but I wanted to have the specific answer for my particular case.

    Can someone advice on which steps forms and payments we have to make to do this the right way?

    Thank you

  • #2
    There is no problem filing for GC (family based) while being on H1b.

    Not sure which different versions you are referring to? You can file concurrently (since you are Immediate Relative of USC and there is no wait for PD to become current), I-130, I-485 (AOS), I-131 (AP), I-765 (EAD), include medical (I-693) etc (these are the main documents, there is also biographic forms and affidavit of support etc).

    Thanks
    Last edited by scorpioz; 04-18-2016, 10:39 PM.

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