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What visa category this falls under?

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Hello,

I am not sure if this is the right place to post my question.

I recently became US citizen (on March 6th). 1 week after becoming citizen, I got married. My husband is on H1-B visa (issued by his employer). He came to US on J-visa back in 2006. His employer then filed for H1B in 2011 (I think and it got renewed for 3 more yrs in 2014).

My question is - How do I file green card for him? Which category this case belongs to - K3 or IR-1 or CR-1?

There is tons of information and its kindof overwhelming to go thru all. I dont even know where to start. If someone can give me some pointers, I would greatly appreciate it.


04/28/2016 - Packet reached USCIS (i-130, i-485, i-131, i-765)

05/05/2016 - Checks cashed

05/06/2016 - USCIS Email/Text acceptance confirmation

05/09/2016 - NOA1 hard copy

05/13/2016 - Biometrics letter arrived in mail

05/27/2016 - Biometrics scheduled

07/20/2016 - Submitted Service Request for (I-765); Sent letter to congressman
07/21/2016 - EAD card is being produced
07/21/2016 - AP document is being produced
07/23/2016 - AP documnt received
07/27/2016 - EAD card received

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Hello,

I am not sure if this is the right place to post my question.

I recently became US citizen (on March 6th). 1 week after becoming citizen, I got married. My husband is on H1-B visa (issued by his employer). He came to US on J-visa back in 2006. His employer then filed for H1B in 2011 (I think and it got renewed for 3 more yrs in 2014).

My question is - How do I file green card for him? Which category this case belongs to - K3 or IR-1 or CR-1?

There is tons of information and its kindof overwhelming to go thru all. I dont even know where to start. If someone can give me some pointers, I would greatly appreciate it.

If I am reading correctly and your husband is in the United States legally on a visa and you are now married, he can adjust his status then and there. I am not 100% on what you need to file, but because he is an Immediate Relative, he should be able to stay in the US with you and get a greencard; you're in a good position :)

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Hello,

I am not sure if this is the right place to post my question.

I recently became US citizen (on March 6th). 1 week after becoming citizen, I got married. My husband is on H1-B visa (issued by his employer). He came to US on J-visa back in 2006. His employer then filed for H1B in 2011 (I think and it got renewed for 3 more yrs in 2014).

My question is - How do I file green card for him? Which category this case belongs to - K3 or IR-1 or CR-1?

There is tons of information and its kindof overwhelming to go thru all. I dont even know where to start. If someone can give me some pointers, I would greatly appreciate it.

You do concurrent I-130+I-485 adjustment of status filing.

http://www.visajourney.com/content/i130guide2

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@tim131 - Yes he is in US currently. Thank you for your response.

If I am reading correctly and your husband is in the United States legally on a visa and you are now married, he can adjust his status then and there. I am not 100% on what you need to file, but because he is an Immediate Relative, he should be able to stay in the US with you and get a greencard; you're in a good position :)

Thank you @Kzielu

You do concurrent I-130+I-485 adjustment of status filing.

http://www.visajourney.com/content/i130guide2


04/28/2016 - Packet reached USCIS (i-130, i-485, i-131, i-765)

05/05/2016 - Checks cashed

05/06/2016 - USCIS Email/Text acceptance confirmation

05/09/2016 - NOA1 hard copy

05/13/2016 - Biometrics letter arrived in mail

05/27/2016 - Biometrics scheduled

07/20/2016 - Submitted Service Request for (I-765); Sent letter to congressman
07/21/2016 - EAD card is being produced
07/21/2016 - AP document is being produced
07/23/2016 - AP documnt received
07/27/2016 - EAD card received

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so his H1 will be expired? 2017? If so, you can be able to adjust his status in the US while staying in the US by filing I-130 and I-485 together since his status is dual intent. There won't be visa category (CR-1, IR-1 or K-3) unless he lives outside the US. After I-485 approval, he will get a I-551 annotation stamp on his passport at your local USCIS office and receive a green card plastic card in a mail. That's all. You are good to go to do adjusting his status while living in the US.

If his H1 is expired in months or days, then he should go back to his country and then you file I-130 petition, then after I-130 approval, do NVC (National visa center) stuff for CR-1 (less than 2 years marriage) or IR-1 (more than 2 years marriage). Both CR-1 and IR-1 visas are immigrant visas. It will take approx. one year to get visa for him. K3 is pretty much obsolete for now.

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Thank you @SpouseWaitingVisa for your response. His H1 will expire sometime in 2017.

What you and others explained gives me clear idea on how I need to proceed. Thank you all for replying.

so his H1 will be expired? 2017? If so, you can be able to adjust his status in the US while staying in the US by filing I-130 and I-485 together since his status is dual intent. There won't be visa category (CR-1, IR-1 or K-3) unless he lives outside the US. After I-485 approval, he will get a I-551 annotation stamp on his passport at your local USCIS office and receive a green card plastic card in a mail. That's all. You are good to go to do adjusting his status while living in the US.

If his H1 is expired in months or days, then he should go back to his country and then you file I-130 petition, then after I-130 approval, do NVC (National visa center) stuff for CR-1 (less than 2 years marriage) or IR-1 (more than 2 years marriage). Both CR-1 and IR-1 visas are immigrant visas. It will take approx. one year to get visa for him. K3 is pretty much obsolete for now.


04/28/2016 - Packet reached USCIS (i-130, i-485, i-131, i-765)

05/05/2016 - Checks cashed

05/06/2016 - USCIS Email/Text acceptance confirmation

05/09/2016 - NOA1 hard copy

05/13/2016 - Biometrics letter arrived in mail

05/27/2016 - Biometrics scheduled

07/20/2016 - Submitted Service Request for (I-765); Sent letter to congressman
07/21/2016 - EAD card is being produced
07/21/2016 - AP document is being produced
07/23/2016 - AP documnt received
07/27/2016 - EAD card received

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Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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