H1 visa marries a GC Holder - AOS?

[bulls96 0]

Hi. I just need some insight about this.

I am a GC holder. My girlfriend is planning to go here in the US for medical residency and apply for an H1 Visa. If ever she does get an H1 visa to work, if we get married, i can file for an AOS for her immediately right? How long would this process last?

THanks! i have tried browsing but could not get a straightforward answer. This simple wuestion is very important for us because this factors in very much our timing for getting married. Thanks a lot!

[jula 0]

Hi. I just need some insight about this.

I am a GC holder. My girlfriend is planning to go here in the US for medical residency and apply for an H1 Visa. If ever she does get an H1 visa to work, if we get married, i can file for an AOS for her immediately right? How long would this process last?

THanks! i have tried browsing but could not get a straightforward answer. This simple wuestion is very important for us because this factors in very much our timing for getting married. Thanks a lot!

As GC holder, you can petition your wife by filing I-130. She can't adjust her status (AOS, I-485) before it is her turn (an immigrnat visa number becomes available; priority date is current). It takes about 5 years for spouses of GC holders to be able to AOS.

If and when you become US citizen, you can upgrade your pettion and your wife can immediately file I-485 for AOS.

[bulls96 0]

so it doesnt make much of a difference whether she is holding a tourist visa or an H1 visa? I just thought given that she has an H1 visa it would be easier to transfer her to an h1.

Related question... that option of filing an I-485 after I get my USC will not be available if i marry while she has a tourisT visa will it?

[Dr_LHA 3]

so it doesnt make much of a difference whether she is holding a tourist visa or an H1 visa? I just thought given that she has an H1 visa it would be easier to transfer her to an h1.

It will be easier on an H-1 because you can remain in the USA legally for up to 6 years on an H-1, which should be enough time for the I-130 to process and the priority date to come up. Otherwise there is no difference.