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H1B holder marrying US Citizen - Process for Green card

#1 ajam

ajam

    Newbie

  • Pip


Posted 05 May 2011 - 01:22 AM

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!
  • 0

#2 Messybrownhair

Messybrownhair

    army wife-mommy-speech therapist



Posted 05 May 2011 - 08:56 AM

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!
  • 0
My Journey:

We met through a study-abroad program in Shanghai, China in August of 2009

We got engaged March of 2010

I received my K1 VISA in 6 months (June-December 2010)

We were married 04/02/2011
I received my conditional 2-year greencard (AOS) in 2.5 months with no interview (April-June 2011)

Our son was born 02/03/2013

I received my masters degree in Speech-Language Pathology 04/17/2013

I received my 10-year greencard (ROC) in 3 months with no interview (March-June 2013)

My husband returned from deployment 06/20/2013

My naturalization journey took 4 months (April-August 2014)

I became a US citizen on 08/01/2014

Received passport in 3 weeks (regular processing)

Thank you, VJ! smile.png

 

 


#3 Chris&Angela

Chris&Angela

    Junior Member

  • PipPip


Posted 05 May 2011 - 10:56 AM

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
  • 0

USCIS: I-130

•09/26/2010 - Married
•10/25/2010 - Mailed I-130 (we applied for CR-1 not knowing she would get a job with H1B)
•10/26/2010 - I-130 signed for at Chicago Lockbox
•10/28/2010 - USCIS Acceptance Confirmation via email/txt (routed to California Service Center)
•10/29/2010 - Touched
•11/01/2010 - Received hardcopy of NOA1 in the mail.

•12/17/2010 - Beneficiary accepts job with US company
•01/04/2011 - US Employer submits H-1B petition with premium processing
•01/05/2011 - H-1B NOA2
•02/04/2011 - H-1B Consulate Interview -- APPROVED
•02/28/2011 - POE (with H-1B)
•03/16/2011 - I-130 NOA2 -- APPROVED

•03/26/2011 - Mailed AOS
•04/01/2011 - USCIS Acceptance Confirmation via email/txt
•04/27/2011 - Biometrics Appointment
•05/14/2011 - Appointment notification arrives via mail
•06/15/2011 - Interview Appointment-- APPROVED

 

•12/30/2012 - Purse with greencard stolen from car

•12/31/2012 - I-90 filed online

•01/31/2013 - Biometrics Appointment

•05/29/2013 - I-90 -- APPROVED

 

•06/07/2013 - I-751 mailed

•06/16/2013 - NOA with notice of 1 year extension arrives.

•09/24/2013 - Removal of conditional basis -- APPROVED

 

•03/19/2014 - N-400 mailed

•04/14/2014 - Biometrics Appointment

•07/02/2014 - Interview-- APPROVED

•07/16/2014 - Oath Ceremony

 

 

 


#4 Messybrownhair

Messybrownhair

    army wife-mommy-speech therapist



Posted 05 May 2011 - 11:12 AM

Family based visas are k1, k2 and k3. Even if you married you are still adjusting from a h1b visa, just to clarify
  • 0
My Journey:

We met through a study-abroad program in Shanghai, China in August of 2009

We got engaged March of 2010

I received my K1 VISA in 6 months (June-December 2010)

We were married 04/02/2011
I received my conditional 2-year greencard (AOS) in 2.5 months with no interview (April-June 2011)

Our son was born 02/03/2013

I received my masters degree in Speech-Language Pathology 04/17/2013

I received my 10-year greencard (ROC) in 3 months with no interview (March-June 2013)

My husband returned from deployment 06/20/2013

My naturalization journey took 4 months (April-August 2014)

I became a US citizen on 08/01/2014

Received passport in 3 weeks (regular processing)

Thank you, VJ! smile.png

 

 


#5 Little_My

Little_My

    Platinum Member



Posted 05 May 2011 - 11:17 AM

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, 05 May 2011 - 11:18 AM.

  • 0
Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox
03/04/2011 - Day 1 - AOS -package signed for at USCIS
03/09/2011 - Day 6 - E-mail notification received for all petitions
03/10/2011 - Day 7 - Checks cashed
03/11/2011 - Day 8 - NOA 1 received for all 4 forms
03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011
03/31/2011 - Day 28 - Successful walk-in biometrics done
05/12/2011 - Day 70 - EAD Arrived, issued on 05/02
06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th
07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location
07/22/2011 - Day 141 - E-mail approval notice received (Card production)
07/27/2011 - Day 146 - 2nd Card Production Email received
07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS
08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail
("Resident since" date on the GC is 07/20/2011

#6 Otto

Otto

    Iridium Member



Posted 05 May 2011 - 11:29 AM

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
  • 0

#7 ajam

ajam

    Newbie

  • Pip


Posted 07 May 2011 - 02:50 AM

Thank you very much for your reply.
  • 0



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