Immigration Site

Im currently on an H1 visa and have applied for a Greencard via my job which is currently in the labor certification stage.

I am getting married to an American citizen in April. I am quite new to this and have a few questions:

1.) Do I need to get another visa to stay in the US after I am married or is the H1B suffice?

2.) I am assuming a Greencard via marriage is quicker than continuing with my greencard via job. Is this true? If so anyone have a rough estimate to how long it would take to get a greencard or perhaps to a stage in which I can work in another position not on my H1B visa?

3.) What are my next steps? What paperwork do I need to complete? Like I mentioned, I am completely new to this and appreciate any help. Im having a hard time grasping exactly what needs to be done and in what order.

Thanks in advance.
-Chris

1. No. After you married you need to file concurrently I-130 and the I-485 packet. Go to www.uscis.gov.

2. That depends on many factors so I dont know the timeline for employment based, there are two way different process. The timeline through family based especially as an immediate relative of a USC depends on your district office. Now many DO are going faster than before, but can go from 6-12 months.

If you want to work you can apply for your EAD, once you use your EAD you wont be longer in H-1B visa, you will be in adjustment of status and to go out of the US you will need an Advance Parole (AP).

3. Please go to www.uscis.gov. Especially because you are completely new, you should go first to the main source (USCIS) and read and look there first.

Good luck,

Thanks for the info.

After we are married if she files the I-130 and the I-485 concurrently does that nullify my H1 visa allowing me to work in the US? Does it impact my existing Green Card petition?

No/No.

You can have a petition on family based and another on employment based, are totally different but of course you just will receive one approval, the one that comes first.
She files I-130 and you file the packet of I-485 Adjustment of status. You will continue on H-1B so dont worry. You can continue working on your H-1B, if you apply for EAD (Employment Authorization Document) and use it then your H-1B gest void and you would be in Adjustment of Status. You can apply for EAD just in case something happen with your employer and then you want to have a job change, but remember if you use your EAD you must apply for AP to go out of the US since your H-1B wont be valid.

Good luck,