Immigration Issues/H1B marrying an I140


Hello. Thank you for taking time to read my question. My girlfriend and I are planning to get married here in the US. She's an H1b visa and I am an I-140 Immigrant visa. My citizenship will be acquired on 2009 and her visa will expire on 2008 and I don't think I want to wait 'till my citizenship is acquired as we are planning to get married soon though. Although she had the option of applying for an immigrant visa with being tied up with her employer and also with a longer waiting time, I was thinking that if I marry her this year, would it waive the expiration and will I be able to petition her by just having her stay here in the US even just with my immigrant status for a while? I know that immigrant petitions are quite slower especially with relatives abroad, although this case is different as she is here in the US with me.

Thank you.


Your petition for her will take 4-5 years since you are only a green card holder. If you were a citizen it would be much quicker. She can stay here on her H-1 and you can get married and file I-130 for her. Then when you become a citizen they can speed the case up.



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Robert Hollander<B> Esq.</B>



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