On H1b, marrying a PR, want to know the process

[SunnyChicago]

Hi,

Am on H1b (valid till Jun 2019, can be extended till 2024) and met a wonderful girl here who has a PR for 5 years now. We are marrying soon. I have some questions on the process. Our marriage will be in India, mostly in Jan 2019. We are planning to register the marriage in US once we come back in Feb 2019.

1. Do we need marriage certificate for the GC process from India also? It generally take 2 months to get marriage certificate in India. I won't be able to stay that long to get a marriage certificate from India due to work responsibilities.

2. If in case, we have to live in India for few months, will the GC application be kept on hold / cancelled?

3. What is the duration of EAD? Working on H1b is nowadays very tense as there is very much uncertainty for amendments/extensions.

4. Looking at the timelines currently, if we start my GC application process in Feb 2019, how soon I can expect my EAD (assuming all goes well)?

5. If my fiance apply for Citizenship, I know that my GC process can be few months faster. Are there any other benefits?

Please feel free to ask any questions.

[newacct]

Hi,

Am on H1b (valid till Jun 2019, can be extended till 2024) and met a wonderful girl here who has a PR for 5 years now. We are marrying soon. I have some questions on the process. Our marriage will be in India, mostly in Jan 2019. We are planning to register the marriage in US once we come back in Feb 2019.

1. Do we need marriage certificate for the GC process from India also? It generally take 2 months to get marriage certificate in India. I won't be able to stay that long to get a marriage certificate from India due to work responsibilities.

2. If in case, we have to live in India for few months, will the GC application be kept on hold / cancelled?

3. What is the duration of EAD? Working on H1b is nowadays very tense as there is very much uncertainty for amendments/extensions.

4. Looking at the timelines currently, if we start my GC application process in Feb 2019, how soon I can expect my EAD (assuming all goes well)?

5. If my fiance apply for Citizenship, I know that my GC process can be few months faster. Are there any other benefits?

Please feel free to ask any questions.

There is no "registering" the marriage in the US -- a marriage conducted anywhere in the world is recognized by the US. After the marriage, and getting a copy of the marriage certificate, she can file an I-130 petition for you. There is no requirement that she or you be in the US when she does this.

The spouse of a permanent resident is in the F2A category, with about a 2-year wait for visa numbers. That means only about 1-2 years after the I-130 is filed can you do Adjustment of Status (file I-485) if you are in status and in the US at that time, or Consular Processing abroad otherwise. Specifically for Adjustment of Status, you can only file I-485 in a month where the date in the USCIS AOS filing chart is after your priority date (the date when the I-130 was filed). The first month this is true will likely be between 1-2 years after the I-130 is filed. You will have to maintain status until then, or you will have to do Consular Processing abroad.

After I-485 is filed, you can stay in the US regardless of whether you are in status. You can only apply for an EAD and/or AP at the same time as, or after, filing I-485.

If your spouse becomes a citizen (i.e. takes the oath) before you become a permanent resident, then you should immediately notify USCIS that your petition is upgraded from the F2A to the Immediate Relative category. If you haven't filed I-485 at that point, you can immediately file I-485 with a copy of her certificate of naturalization.