Canadian With H1 Getting Married

[cstanley 0]

I'm currently on an H1 visa and have applied for a Greencard via my job which is currently in the labor certification stage.

I am getting married to an American citizen in April. I am quite new to this and have a few questions:

1.) Do I need to get another visa to stay in the US after I am married or is the H1B suffice?

2.) I am assuming a Greencard via marriage is quicker than continuing with my greencard via job. Is this true? If so anyone have a rough estimate to how long it would take to get a greencard or perhaps to a stage in which I can work in another position not on my H1B visa?

3.) What are my next steps? What paperwork do I need to complete? Like I mentioned, I am completely new to this and appreciate any help. I'm having a hard time grasping exactly what needs to be done and in what order.

Is there some sort of easy guide or wizard that one can follow? This process seems very unorganized.

Thanks in advance.

-Chris

[hcj 0]

1.) Do I need to get another visa to stay in the US after I am married or is the H1B suffice?

The H-1B is fine. You do not need to get another visa as long as the H-1B is valid.

2.) I am assuming a Greencard via marriage is quicker than continuing with my greencard via job. Is this true? If so anyone have a rough estimate to how long it would take to get a greencard or perhaps to a stage in which I can work in another position not on my H1B visa?

From start to end, GC via marriage is generally faster than GC via employment. But the actual processing time varies a lot depending on where you live. Click on the "processing times" and "immigration timelines" links at the top to get an idea for your district office. For both, look for "I-485 adjustment of status" and your local district office.

ON EDIT: Forgot to answer your question about working for another company. When you file your AOS packet, you may include an application for an EAD (employment authorization document). You are supposed to get this within 90 days of filing. If you do not receive it in 90 days, you may make an infopass appointment at your local office and request an interim EAD. If you get an RFE (request for evidence) because your packet was incomplete, it may delay the granting of your EAD.

3.) What are my next steps? What paperwork do I need to complete? Like I mentioned, I am completely new to this and appreciate any help. I'm having a hard time grasping exactly what needs to be done and in what order.

Is there some sort of easy guide or wizard that one can follow? This process seems very unorganized.

Guide from USCIS:

http://uscis.gov/graphics/howdoi/LPRApplication.htm

Note: They do not mention the I-130 Petition for Alien Relative on this page, but that is a form your USC spouse will need to file. Also, remember to include the biometrics fee.

Guide from this website:

http://www.visajourney.com/forums/index.ph...page=i130guide2

Edited February 11, 2006 by hcj

[zyggy 9]

I'm currently on an H1 visa and have applied for a Greencard via my job which is currently in the labor certification stage.

I am getting married to an American citizen in April. I am quite new to this and have a few questions:

1.) Do I need to get another visa to stay in the US after I am married or is the H1B suffice?

2.) I am assuming a Greencard via marriage is quicker than continuing with my greencard via job. Is this true? If so anyone have a rough estimate to how long it would take to get a greencard or perhaps to a stage in which I can work in another position not on my H1B visa?

3.) What are my next steps? What paperwork do I need to complete? Like I mentioned, I am completely new to this and appreciate any help. I'm having a hard time grasping exactly what needs to be done and in what order.

Is there some sort of easy guide or wizard that one can follow? This process seems very unorganized.

Thanks in advance.

-Chris

Just to expand...

1) As long as you are still employed with your sponsored employer, the H1B visa is fine... you do not need to do anything else.

2) A green card via marriage is 4 to 5 times faster than a GC through employment as there is no labor certification phase and the DO's give higher priority in processing I-485's based on marriage. You can work for another employer at any time after you receive an EAD card. You can apply for the EAD by filing an I-765 to the Chicago lockbox with your I-485 or after your I-485 has been accepted by the Lockbox. If you change employers, you would also require Advanced Parole to leave the US. You get this by filing an I-131 to the Chicago lockbox.

3) You need to file an I-130 and I-485 petition to the Chicago lockbox. You can continue to travel on the H1B as long as you still are employed by your employer. As mentioned previously, if you wish to change employers, you will need to file an I-765 to get an EAD to be able to change employers and an I-131 to be able to travel outside the US.

Edited February 11, 2006 by zyggy

[cstanley 0]

Thank you guys for your very very excellent help

I very much appreciate it.