How long does AOS take from h1b?

[function.x 1]

If I am married to a US citizen and currently in the US via the h1b, what are the next steps? what is the process for getting a green card? what forms need to be filled out? Thanks.

[Dashinka 24,771]

Start reading the guides here regarding the I130 and I485 process.  Once you familiarize yourself with the process, VJ is a great place to get specific questions answered.

 

Good Luck!

 

 

Edited March 31, 2022 by Dashinka

[function.x 1]

Thanks for your help! Is I-130 needed if I am already in the US via the h1b? 
 

if I-130 is filed do I need to return home? 

Edited March 31, 2022 by function.x

[Dashinka 24,771]

Yes, the I130 is necessary for a USC to petition for their foreign spouse.  You do not have to leave the US as the I485 will process your adjustment of status and eventually result in your getting a GC.

 

This may also be helpful.

 

Good Luck!

 

https://www.boundless.com/immigration-resources/h-1b-marriage-green-card-changing-status/

Edited March 31, 2022 by Dashinka

[millefleur 5,047]

**Moved from What Visa Do I Need - Family Based Immigration to AOS from from Work, Student, & Tourist Visas**

[function.x 1]

How long does AOS typically take from h1b if already married to us citizen? 
 

 

[Mike E 11,742]

Is this an I-485 from an I-140 or an I-130?

[function.x 1]

From I-130

[Timona 4,208]

1.5 to 2 years

[Mike E 11,742]

1 hour ago, function.x said:

From I-130

Then your H1-B status matters not. The times are the same as any other beneficiary married to a US citizen 

[function.x 1]

So I have to apply for I-130 and then apply for I-485 or I can apply for both at the same time? 

[Mike E 11,742]

2 minutes ago, function.x said:

So I have to apply for I-130 and then apply for I-485 or I can apply for both at the same time? 

Hmmm. Are you aware of the visa  journey guides? I would apply for both together but read the guide first before you file anything: 

 

The guide applicable to you is:

 

 

[Mike E 11,742]

I will add that the one advantage holding a long term non immigrant visa gives you over other married couples (where the alien beneficiary is in the USA on a visitor status) is that you don’t have to worry about accumulating unauthorized presence if you make mistakes in your I-485 package.
 

You can keep trying and thus keep doing  the DIY thing by trial and error without pressure. The visa journey immigration guide for you makes the process straightforward.  
 

 

[function.x 1]

41 minutes ago, Mike E said:

I will add that the one advantage holding a long term non immigrant visa gives you over other married couples (where the alien beneficiary is in the USA on a visitor status) is that you don’t have to worry about accumulating unauthorized presence if you make mistakes in your I-485 package.
 

You can keep trying and thus keep doing  the DIY thing by trial and error without pressure. The visa journey immigration guide for you makes the process straightforward.  
 

 

Thank you for the help! Do you know if I can apply immediately upon arriving to the US or I have to wait a few months?

[Mike E 11,742]

8 minutes ago, function.x said:

Thank you for the help! Do you know if I can apply immediately upon arriving to the US or I have to wait a few months?

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