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Applying for Green Card through my wife

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  • Applying for Green Card through my wife

    Hi I am currently on an H-1 Visa. I will complete 2 years in my marraige in June. I can file for my green card after that. Is there a rule that I have to send any forms to the visa office 90 days prior to prove that I have been married for 2 years? or is it only for people applying for temporary status prior to the 2 years of completion of marraige?
    Also I need to go to India in June. Is it ok for me to come and apply for the green card after that?

  • #2
    It is fine for you to travel, for as long as your H1 is stamped and valid.

    The 90 days, prior 2 years issue is for people who already HAVE a green card through marriage and this card is conditional. You can file at any time during your marriage for the GC. You do not need to wait until it has been two years, the only good thing is that if the GC is approved after you have been married for more than 2 years, you do not get a conditional card, but rather a 10 year permanent card.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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