Legal Question in Immigration Law in California

GC wants to marry H1 holder

I am a H1B holder and am thinking of getting married to a green card holder.

We need some legal advise on the following topic, based on which we would like to decide on retaining a lawyer.

Can I apply for green card based on my fiance�s green card ? If so, how long could it take ?

If the above process is expected to take long, what would happen if I were to loose my job (and hence go out of status)

During this process ? Would I still be able to stay here and get my green card based on my fiance�ss green card ?

Please advise

Thank you


Asked on 4/15/04, 12:22 pm

2 Answers from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: GC wants to marry H1 holder

The first step is easy: your fiance files an I-130 petition for you which is approved very fast. But then, you have to wait for a visa number, and at the present, the wait is more like 4.5 years the way these numbers are moving right now. You must maintain your status in the U.S. meantime independently since you won't be issued a work permit. That is the disadvantage of marrying a green card holder. Marrying a U.S. citizen, on the other hand, would change the whole story and removes the long wait.

Liem Doan, Esq.

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Answered on 4/17/04, 4:37 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: GC wants to marry H1 holder

Yes..you can apply through your green card holder spouse but you may have to wait atleast 3 years. In the meantime you have to mainatin your status independent of her petition. As soon she becomes citizen you will be eligible to adjust and get your greencard right away.

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Answered on 4/15/04, 11:02 pm


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