H1B marrying a GC holder

[dhiktana]

If a H1B girl marries a GC holder (acquired as a son greater than 21 yrs from US citizen parents), it wouldn't help much for filing GC for the H1B spouse but what if the GC holder would get US citizenship in 3-4 yrs by which their marriage would be 2+ yrs old - in that case, once the GC holder gets US citizenship, would his H1B wife get GC immediately? - it would be permanent GC right (as their marriage has completed 2 yrs then).

Also when would the wife get US citizenship - after 3 yrs or 5 yrs?

[mtouch]

If a H1B girl marries a GC holder (acquired as a son greater than 21 yrs from US citizen parents), it wouldn't help much for filing GC for the H1B spouse but what if the GC holder would get US citizenship in 3-4 yrs by which their marriage would be 2+ yrs old - in that case, once the GC holder gets US citizenship, would his H1B wife get GC immediately? - it would be permanent GC right (as their marriage has completed 2 yrs then).

Also when would the wife get US citizenship - after 3 yrs or 5 yrs?

After the marriage file the petition immediately. Beneficiary will be in F2A category which currently is taking 2.5-3 yrs to be current. When petitioner becomes USC upgrade the petition to IR1. This will take 8-10 months to get the GC. Beneficiary can apply for citizenship 5 yrs after getting GC.

The employer of the H1B holder may also petition the employee for GC.

[dhiktana]

After the marriage file the petition immediately. Beneficiary will be in F2A category which currently is taking 2.5-3 yrs to be current. When petitioner becomes USC upgrade the petition to IR1. This will take 8-10 months to get the GC. Beneficiary can apply for citizenship 5 yrs after getting GC.

The employer of the H1B holder may also petition the employee for GC.

Thanks mtouch for your response.

A couple of queries:

- IR1 is if marriage is 2+ yrs old and CR1 (conditional) is if marriage is less than 2 yrs old?
- If it takes 8-10 months to get GC for IR1/CR1, then how would spouse live in US legally (if she loses her H1B for any reason - she would be leaving her job to move to the city of her husband and intends to find work in the new city)
- Family based GC don't have PERM, right? So just I-140 and I-485? So date of filing I-140 itself is the priority date?

Thanks!

[mtouch]

Thanks mtouch for your response.

A couple of queries:

- IR1 is if marriage is 2+ yrs old and CR1 (conditional) is if marriage is less than 2 yrs old?
- If it takes 8-10 months to get GC for IR1/CR1, then how would spouse live in US legally (if she loses her H1B for any reason - she would be leaving her job to move to the city of her husband and intends to find work in the new city)
- Family based GC don't have PERM, right? So just I-140 and I-485? So date of filing I-140 itself is the priority date?

Thanks!

1. yes
2. extend H1B; otherwise she has to go back to her home country
3. no perm for FB. I-140 is for EB, I-485 is for AOS. PD is when INS receives the petition.

[dhiktana]

1. yes
2. extend H1B; otherwise she has to go back to her home country
3. no perm for FB. I-140 is for EB, I-485 is for AOS. PD is when INS receives the petition.

Thank you mtouch

[dhiktana]

One more question: if a H1B woman marries a H1B guy; now both of them have their GC in process at their respective employers but one of them is ahead of the other in terms of the progress made on their GC cases. In such a case, the one who is faster can add their spouse's name in the GC and both of them get the GC at the same time, right? In such a case, will the GC of the spouse (who had their GC on a slower track) be conditional or permanent i.e. in case of separation/divorce, will the spouse's GC be revoked?

[mtouch]

One more question: if a H1B woman marries a H1B guy; now both of them have their GC in process at their respective employers but one of them is ahead of the other in terms of the progress made on their GC cases. In such a case, the one who is faster can add their spouse's name in the GC and both of them get the GC at the same time, right? In such a case, will the GC of the spouse (who had their GC on a slower track) be conditional or permanent i.e. in case of separation/divorce, will the spouse's GC be revoked?

GC same time.
Conditional if marriage is less than 2 yrs.
Maybe, if conditional GC gets divorced.