You are here:

Immigration Issues/H1B to green card via marriage

Advertisement


Question
My company is filing for my H1B this year and it will come into effect on Oct 1, 2011. But I if I want to marry a US citizen and apply for green card how soon can I do that after my H1B comes into effect on October 1st? I am planning to marry but it is not final, so if I apply for green card via marriage soon after Oct 1, 2011 (considering I have recently been converted to H1b from F-1), will it be a problem to do a status change again? PLease advice. Thank you in advance.

Answer
Hi,

Sponsorship through marriage to a U.S. citizen can be done anytime, and will not interfere with H1B approval. In other words, you are not required to wait until H1B status takes effect before your spouse sponsors you.

If you are sponsored through marriage, you can maintain underlying H1B nonimmigrant visa status until your adjustment of status application is approved (when you receive your green card). Additional information about marriage to a U.S. citizen is here: www.h1b1.com/Uscitizen.htm

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.