H1b will marry to Green card holder questions

Bankruptcy and Debt 2 views 3 answers
I am currently on h1b and want to get married to my fiance who has been here on the green card status for about 2.5 years. Now my question is can I apply for AOS if we get married and how long will it take? What happens to my h1b status if I am no longer employed in the future? And can I stay in the US? Moreover, can she apply for US citizen?

Attorney Answers

3
Harry AsatrianImmigration AttorneyParamus, NJNY licensed ·
The short answer is you can NOT file for an AOS. Since your fiance is already a green card holder, you will not be able to file for your AOS because the priority date for spouses of LPRs (Green Card holders) is not current. In fact, you will have to wait almost five years before a visa will be available making you eligible to file for an AOS in the U.S. That being said, if your wife obtains U.S. citizenship then you can apply for AOS because you will be considered an immediate relative making you eligible to obtain your Green Card. She will not be prohibited from applying for a U.S. citizenship if she is married to someone who is in H-1B status. DISCLAIMER: This is only general information and we will need more information and documentation to provide you legal advise. Good luck...
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Rachel Baskin ·
Your wife can file a family petition for you once you are married, but you will not be eligible to adjust status until she becomes a US citizen or until your priority date becomes current. In the meantime, you will have to remain in H-1B status. You should consider speaking with an attorney to determine your eligibility to adjust status and your wife's eligibility for citizenship.
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Karin WolmanImmigration AttorneyNew York, NY ·
Further to the two responses above, your wife is not yet eligible to apply for citizenship if she has held a green card for only 2.5 years. Since she is engaged to you, I will venture to guess that she either did not immigrate through marriage to someone else, or else she is no longer married to that person, which means that unless she is on an active tour of duty in the US military, she is ineligible to apply at the 3-year mark, and must wait to file for naturalization until she has been a permanent resident for five years.
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