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Filed: H-1B Visa Country: India
Timeline
Posted

I have H1B and will be marrying a US citizen in California. I have a few questions regarding the process on applying for a Green card.

1) Are there any benefits to applying for a spousal visa since I already have a H1B?

2) What is the best way to get a green card after the marriage?

3) What are all the forms required? I am only aware of the following forms: I-130 and I-485

Thank you very much!

Posted

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Posted

If you and your spouse are planning to permanently reside in the US, then applying for a GC will probably be unavoitable eventually. Your H1B is a temporary non-immigrant visa, and if you were to lose your job, or maybe wanted to change positions but the new company was reluctant to sponsor you, you would have to change your status at that point anyway.

If you are confident that your current H1B status is secured for a while, thre is really no rush with the AOS. It is up to you when you decide to apply for the GC. However, by applying it now, you would avoid goign through a period when you are not authorized to work - you have your H1B, you can continue working with that until the GC application is processed, and after that you become a legal permanent resident and won't need the H1B anymore to work.

You file the I-485 and I-130 - and those instructions tell you what you need to submit with the applications. The guide here on VJ is very good and clear, and the form instructions are also detailed and easy to follow.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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