H1B visa holder applying for GC based on marriage to US citizen

[fabulous02 1]

Background info: I came to US in August 2006 on an H1B visa with my then employer. I switched employers twice and my original H1B visa expired in April 2008. I applied for an H1B extension and even though my visa stamp is expired, I have an approved petition that has the I-94 in the approval document. Question - will the fact that my H1B stamp on my passport is expired, cause an issue when I file for GC? What I think is that since I have a valid petition approval, I should be fine.

My fiance is a US citizen, and we are planning to do a legal marriage in US around Feb 2010, so that I can get my Green card (so I don't have to get my visa restamped) before we go to my country (Oct 2010) for a traditional wedding. I heard that it takes around 6-8 months to get a green card and around 3 years to become a citizen, after you've married a US citizen. Is that accurate? So us getting married in Feb will give us ample time to get my green card before I leave the country in Oct?

I did some research about the forms that need to be filled, and was wondering if I can continue working with my current employer throughout this whole process, since I have a valid H1 petition with them. When I file the I-130, I-485 and the rest of the documents, how long do I need to wait before I can travel out of US?

Sorry, I'm really new to this, and appreciate any information you can provide. Thanks so much....

[aydanalberto1 0]

Background info: I came to US in August 2006 on an H1B visa with my then employer. I switched employers twice and my original H1B visa expired in April 2008. I applied for an H1B extension and even though my visa stamp is expired, I have an approved petition that has the I-94 in the approval document. Question - will the fact that my H1B stamp on my passport is expired, cause an issue when I file for GC? What I think is that since I have a valid petition approval, I should be fine.

My fiance is a US citizen, and we are planning to do a legal marriage in US around Feb 2010, so that I can get my Green card (so I don't have to get my visa restamped) before we go to my country (Oct 2010) for a traditional wedding. I heard that it takes around 6-8 months to get a green card and around 3 years to become a citizen, after you've married a US citizen. Is that accurate? So us getting married in Feb will give us ample time to get my green card before I leave the country in Oct?

I did some research about the forms that need to be filled, and was wondering if I can continue working with my current employer throughout this whole process, since I have a valid H1 petition with them. When I file the I-130, I-485 and the rest of the documents, how long do I need to wait before I can travel out of US?

Sorry, I'm really new to this, and appreciate any information you can provide. Thanks so much....

I don't know the answers to all this, but maybe some. I am a US citizen and married my husband back in 2006. His passport had been expired for many years, and that wasn't a problem. You have to have the greencard to travel out of the country, it can't be pending or anything like that. And it took us about 10 months, so you're cutting it pretty close. If there are any complications at all it could set you back. And if you've been married to the US citizen less than 2 years when you apply for the GC, I believe it takes 5 years to get the citizenship. Hope this helps.

[fabulous02 1]

I don't know the answers to all this, but maybe some. I am a US citizen and married my husband back in 2006. His passport had been expired for many years, and that wasn't a problem. You have to have the greencard to travel out of the country, it can't be pending or anything like that. And it took us about 10 months, so you're cutting it pretty close. If there are any complications at all it could set you back. And if you've been married to the US citizen less than 2 years when you apply for the GC, I believe it takes 5 years to get the citizenship. Hope this helps.

Thanks for your response. My passport is actually valid, its the H1B stamp on it that is expired. But I have a valid and approved petition. Do you also know if a notorized affidavit or my matriculation certificate are valid and can be submitted instead of a birth certificate?

Thanks....