changing visa status

[stewart]

Hi

I am on H1B visa residing in United States.
i m getting married with my fiance on Jany 2006. she is currently having green card and she will get citizenship on May 2006

when should i apply for change of status:
immidiately after marriage in january or should i wait before my fiance get citizenship

which one is fater process???

also how long will it take for me to get green card/citizen

Thanks

[pons1]

If she files for you before she becomes a citizen, your application will come under family- second category- which has a quota and a wait period of many years. DO NOT DO THIS.

She should file for you after she gets citizenship; there is no quota here and you will get an employment card and a travel document based on that petition within 90 days and you can work anywhere without any restrictions like your H-1b.
The actual time period for green card varies with your location and can
be upto many months, but you should not worry about that since
you will have an unrestricted employment authorization and a travel
document for travel abroad.

[stewart]

thanks pons1,

but getting employement card is not an issue because i m already having a job now on my H1B...the issue is when will i get my green card if she applies after she gets citizen because i want to invite my parents....

Thanks

[pons1]

ok, it depends on the visa service center for your area.
Some centers may do it within 5-6 months of initial filing while others may take a couple of years. Let me know your location and I can give you some
idea.

[stewart]

i am at massachusetts. i guess it is vermont center

[pons1]

Your I-485 adjustment to green card will be at boston office. Currently they are processing app received on June 20,04 which means about one year
of wait time for your interview and your green card from the day you file.
Let us say you apply in June 2006 (when she gets citizenship), you
can hope to get your green card by the end of 2007.

for more processing times visit

https://egov.immigration.gov/cris/jsps/ptimes.jsp?

[stewart]

thanks pons1.

but my wife will have citizenship by may 2006...i will apply in june 2006, then will i get green card or citizenship by june 2007???? (since it is one year wait period)


if i get green card by june 2007 then when will i get citizenship

[pons1]

You will get your CONDITIONAL green card hopefully(wait period can be more or less) in 2007 after both of you go for an interview. This card is valid till
your 2nd wedding anniversary. Within 90 days before your 2nd anniversary, both of you must apply jointly to get an UNCONDITIONAL green card.

You can apply for citizenship 3 yrs after the original petition is approved.
(in 2009).