Skip to main content

H1B marrying greencard holder

63019 |

I'm currently a H1b holder and my finacee is greencard holder. We will have the same year (201x) wherein she can apply for citizenship and ending year of my contract as h1b.

We are seriously planning to get married we're just unsure what would be the best time.
I guess my main question is:

a.can we get married now and not file any AOS just maintain my current visa til' my finacee gets her citizenship then apply for AOS? or

b.get married after she got her us citizenship then file an AOS for me. before my contract expires.

Attorney Answers 4

  1. You are confusing adjustment of status (AOS) which results in lawful permanent residence (a "green card") and citizenship. You cannot apply for citizenship until a certain number of years after you have become a lawful permanent resident. Based on the facts you provided there is a lot of other information that would have to be provided to properly assess your situation. I suggest you have a consultation with an experienced immigration attorney to determine how marriage would affect you and your fiances status and any pending cases.

  2. It is fine to get married either before or after she becomes a U.S. citizen and this will not affect her ability to file for your permanent residency. As you are on an H-1B this permits dual intent and even though she is a PR now it would not jeopardize your H-1B. It is most important that you maintain your status until you do become a permanent resident. If you do marry sooner she can file the I-130 immediately to get you a place in line in the FB-2a queue (or wiat until she is a USC and then file I-130/I-485 etc as a concurrent filng). Fb-2a is currently on 2009 cases for most countires but as recently as a year ago was almost current so it wouldn't hurt and then this portion of your application process will be out of the way.

    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration and Nationality Law
    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108
    phone: (619) 299-9600, facsimile: (619) 923-3277

    Formerly Adjunct Professor -- Immigration law
    University of Illinois College of Law

  3. You can get married now, but you cannot file for AOS now because your priority date would not be current. If you want, your spouse can file an I-130 for you after the wedding. That will have no effect on your H-1B, and you will have to maintian your H-1B status if you want to remain in the U.S. If your H-1B expires before your priority date becomes current and you file an I-485, you would have to leave the U.S.

    You could wait to get married until after she becomes a USC, but why? If you are married earlier you can spend the next years gathering supporting evidence of your living together and joint finances, etc. which will make it easier for the I-130 to be approved if you want to wait to file that petition. Also, if the marriage is less than 2 years old when you get the green card (which would be the case if you proceed with Plan b), then you will only get conditional status and have to file another petition (and incur those expenses) to remove conditoinal status. If you marry sooner, then there is a better chance that your marriage will be more than 2 years old when you get your green card, and then it will not be conditional but rather a full permanent resident status.

  4. You cannot file for adjustment if your wife is only a permanent resident for lack of an available immigrant visa number. The visa number will only become immediately available once she becomes a citizen. However, you can get married at any point in time even before she applies for citizenship. This will actually start the clock for conditional resident purposes and may allow you the be granted permanent resident status instead of only conditional resident status depending on the timing of events.

Education law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics