What visa category this falls under?

[vbms 16]

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.

[tim131 14]

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

[kzielu 1,147]

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

[vbms 16]

@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

[spousewaitingvisa 39]

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.

[vbms 16]

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.

[Ryan H 3,790]

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