marriage with GCH

[bobby99]

Hi all,
I am on F1 visa. I am doing my masters in u.s.a. My fiancee is a GCH, she just got her GC few months back. we are getting married. so if we apply for GC, usually how many days does it take for me to get a GC and work authorization. please help me with all the other details (forms to be filled etc) also. thanking you.........:confused.

[PraetorianXI]

days? Well between 2,100 and 2,400 days...

She can file a relative petition (i-130) for you, but it will take less than 1 year to be approved. Then wait another 4-5 years until your priority date becomes current... Then you can file for Adjustment of Status (i-485) which will allow you to file for an EAD (work permit) using form i-765.

Once you have filed for AOS, you should get your EAD in about 90 days and your GC in about 120 days.

[bobby99]

thanks for replying.....then what do u suggest me? to go for H1B or is there any other way to get work authorization. But if a spouse is not in u.s, then does he has to wait for 5 years to meet his/her spouse? how can it be possible?

[PraetorianXI]

That is the way the system works for GCH... When your soon-to-be wife becomes an US Citizen she can petition for you and you would be eligible for an immigrant visa immediately (it would still take 4-6 months to process if you are in the USA).

You need to maintain your student (F-1) status or apply for an H-1B visa.

[bobby99]

oh! so if a GCH's spouse is outside u.s, do they need to wait for such a long time to meet his/her spouse if they dont get H1B? what a pity.

[PraetorianXI]

oh! so if a GCH's spouse is outside u.s, do they need to wait for such a long time to meet his/her spouse if they dont get H1B? what a pity.

It is the way it is. the GCH does not have to live in the US, so his "privileges" are limited.

[bobby99]

think, if i dont have the f1 ( i mean if i left the college) or h1b ( dint get h1b)visa status and applied for GC, waiting for that, can i stay in u.s.a till the time i get approval or on any other visa like fiancee or something else?

[PraetorianXI]

Nope. You can not "wait" inside the USA without a valid visa (H1B) or (L1) or (F1).