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H1B holder marrying US Citizen - Process for Green card

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I have H1B and will be marrying a US citizen in California. I have a few questions regarding the process on applying for a Green card.

1) Are there any benefits to applying for a spousal visa since I already have a H1B?

2) What is the best way to get a green card after the marriage?

3) What are all the forms required? I am only aware of the following forms: I-130 and I-485

Thank you very much!

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Hi!

You are posting in the wrong forum. You will get better answers at the Adjustment of Status from work, student or tourist visas since most of us here are k1/k3 visaholders are going through a different process. :)

Goodluck!

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Hi!

I am doing the same process.

I think this is the right forum because you are applying for the GC card based on a relative petition (spouse) not based on your H1B.

I assume you are in the US and will be married soon.

My wife arrived in US via an H1B and we are currently waiting on an Adjustment of Status.

From my research, here is my opinion:

1. Spousal Visa (CR-1) is actually two steps.. first the I-130 going through USCIS and actual Visa application through NVC. The second step is done in your home country and not really applicable to you.

2. Since you already have immigration status (H1B), it is more appropriate for you to for an adjustment of status (AOS).

3. Yes the I-185 and I-130 are the primary forms. Study the Guides on this site and you'll see a few extra forms may be required, for example the I-864 Affidavit of Support (also AOS)

Good Luck

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Hi!

I am doing the same process.

I think this is the right forum because you are applying for the GC card based on a relative petition (spouse) not based on your H1B.

The forums are "AOS (Green card) from xxxxx visas.." - it does not really matter that much, but since the OP and Chris&Angela are adjusting FROM an H1B, the correct from would be the AOS from tourist, work and student visas. You will get more answers there - the process for K1/K3 (family-based visas) is different than for us AOSing from a previous non-immigrant visa, like H1B or F1, for example.

OP - Yes, you will be filing the I-130 and I-485 concurrently, with supporting documentation. Read the guides here on VJ, and you should find everything you need to put the package together!

Edited by Little_My

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Whether or not you file to Adjust Status may depend on what your life-choices are (for example, if you wanted to remain in the US and not have to depend on your visa status).

This would be the Guide that would likely help you the most - lots of information for you to digest but has most everything you'll need to know. :thumbs:

** Topic is AOS-related but not family based so will move the thread to Adjustment of Status from Work, Student, & Tourist Visas

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