H1B boy gets married to a Greencard Gal!!!

[bobby_maganti]

Hello there,

I wanna know how can a H1B boy who is already in USA apply for a green card when he marries a gal with GC. (Marriage was registered in the USA) Could some one please assist us on this? I tried to look into already existing threads and no body talked about it.

[kkboy]

it's going to take a long time...

...but it's possible. Your spouse will file I130 for you. She cannot file I485 (adjustment of status) since she does not have a US citizenship. Once the I130 is filed, once it is approved, you shall receive an approval notice, hold on to it. NVC then, based on your priorty date, sends u info that visa number is available. After that, you file I 485, medical exam results, I 864 (spouse fills it for you), EAD and AP docs (both -optional). After that your interview will happen...and you shall get your GC.

HOWEVER all this currently takes anywhere from 5-7 years since family based quota for spouses for GC holders is backlogged.

you have 2 options: let ur spouse file ur 130 petition now, and expect it to be approved. Then, once your GC spouse becomes a US citizen, upgrade ur petition to that of an immediate relative and file 485 and other stuff.

OR

just wait until ur spouse becomes USC...file 130 + 485 together...there's no waiting period....all(130 approval, 485 approval) gets done in about 4-8 months.

good luck, hope this helps.

[bobby_maganti]

Thank you for the reply, it makes sense to me!!

[bobby_maganti]

more!!!

More reviews on this plzz!!