US Resident married to H1B

[Crane 0]

Hi,

I posted this same question in another forum but the answer was not complete. Apologies in advance if someone have read it before, but I definitely need a clearer response.

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?

Someone said that we should better wait until I become a citizen, but I ask if at least is there a way for her to file as my companion (with no working permit of course) and if so, would that go in detriment of her future request to become a resident after I become a citizen?

Thank you for your help

[YuAndDan 153]

NOTE This subject has nothing to do with a K-1 Fiancee Visa, those are only available to Petitioners that are US citizens petitioning for a fiancee. This post is better off in "Working & Traveling prior to getting a Green Card" http://www.visajourney.com/forums/index.php?showforum=115

1. You mean Marry? There is not much you need to do, if she dose not have a green-card, she CANNOT adjust status based on marriage to another green-card holder, she can adjust status based on the H1B only.

2. If Visa is valid she can work based on the visa, however if visa expires, then EAD is required. EAD can be applied for based on AOS.

3. After you are a US citizen she can adjust status based on marriage to a US citizen.

More INFO: http://www.murthy.com/arc_news/a_memo.html