Marriage to a GC Holder: what should we do?

[joeuser]

Hi,

My wife has an H1 that expires in 2010. I have a GC. I read through the "Persons already in the US" [http://immihelp.comhttps://www.immih...ns-in-us.html] document, but was confused by a couple of things. We have always entered US legally and never have been out of status. Also, my wife has a masters degree from a U.S. University and is working here.

The page mentions that I have two options.

1. Wait until I become a citizen (it is 2012, unfortunately. I stayed in India for a couple of years with a re-entry permit. Unfortunately, that reset the five year citizenship timer).

2. File for something, wait for her priority date to become current and then file for AOS. It is not clear to me it will happen before her H1 expires.

Also, since she is working in the US, we could explore the standard employee based GC. But she is looking to change to change her job and we're thinking we'll apply after she changes.

So what should we do?

Let me know if you have any more questions about my situation. I appreciate your help.

[PraetorianXI]

She is better off maintaining her H1 status until you become a citizen. There is nothing you can do right now to give her immediate legal status... nothing you can file, except for a petition for an immigrant visa for her (i-130) which will not be good until 5-6 years...

So, either file I-130 now and wait it out (for the priority date to become current) and it will save you some money (future price/fees increases). Or you can also update the petition once you become a citizen, whatever comes first... but again, an approved I-130 does not give her any legal status, she must maintain her H1 status.

[joeuser]

...

So, either file I-130 now and wait it out (for the priority date to become current) and it will save you some money (future price/fees increases). Or you can also update the petition once you become a citizen, whatever comes first... but again, an approved I-130 does not give her any legal status, she must maintain her H1 status.

Thanks, that was useful. How do we go about filing for the I-130? What are the forms to fill? What is the process. Is it expensive.

Also, since she has an H1, can she apply for a GC from her employer?

[PraetorianXI]

Just go to https://www.immihelp.com/form-i-130-...lien-relative/ then look for immigration form I-130 and read the instructions... the fee is $355

Yes, she can be sponsored for a GC through her employer, but that is an even more expensive and longer process.