Resident married to H1B Visa

[Crane 0]

Hi,

I am a permanent resident since 2004. I have not yet applied for Citizenship but I understood I can proceed within the last 3 months before completing 5 years with residency (meaning some time near September 2009). That's another thing but I want to make sure you know (whoever will guide me through this) the entire scope.

I got married back in March this year but have done nothing yet related to status.

My wife is from Colombia and she's been working under a H1B Visa for nearly 2 years.

We want to move out of town and the company she works for (the one holding her Visa) is not in position to maintain or keep it.

My questions are:

1. If I go ahead and do the paperwork needed in order to "declare" her as my companion, what are her options in terms of working permit? How long will that process take?

2. If she can't get her work permit soon, what would be the best option for us? As far as I know (may be I am wrong), she will not be able to apply for residence until certain period of time. Or... if she applies now then it will take a very long period of time...??

3. What would be the difference for her between applying now and applying after I become a US citizen? Is there any difference?

Thank you for your help

[Mononoke28 135]

Huge difference. Assuming that you were a US citizen now, all she had to do wass submit an I-130 along with an I-485 for her AOS and she would get a work permit within 3 months or so. Since you're only a permanent resident, it will take years before she's approved which means she would be out of status during that time.

I think the best thing would be to stay put until you can become a US citizen so you can file for her. That way she can still have legal status in the US until 09/09.

Diana

Edited July 25, 2008 by Mononoke28

[Crane 0]

OK... understood. That is in order for her to get a work permit.

Now, it does does it mean that I can not declare her even as my companion wife (keeping in mind that she will not be allowed to work but she can stay with me under status?) and then, once I become a citizen, request the appropriate change of status for her to become a resident?

[Mononoke28 135]

She needs to be in the country legally with some sort of visa, right now the only one she has is her H1B. If you move and she loses her job, she will lose her visa and even if she's married to you and you have filed for her, it does not mean she will have legal status. It takes the USCIS a very long time to process your petition since you're only a legal permanent resident and during all that time, she will be out of status.

Diana

Edited July 25, 2008 by Mononoke28