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Alligatorz Member Member # 6198	Posted October 05, 2003 04:49 PM My friend is currently a U.S. green card holder and is waiting to go to an interview for U.S. citizenship. She is planning to marry a guy who is on H-1 visa status in U.S. My firend would like to know what are the consequences of her getting married to this guy from immigration point of view. Both my friend and the guy are Pakistani citizens. How long does it typically take for a spouse of a U.S. green card holder to receive: (a) work authorization/travel document (b) green card if the sponsoring spouse is a green card holder and the sponsored spouse is on H-1. Are the rules different or relaxed if the sponsored spouse is currently present in U.S.? Please share your experience to help out my friend. Thank you.
Cosmopol Member Member # 7165	Posted October 05, 2003 06:49 PM quote: Originally posted by Alligatorz: My firend would like to know what are the consequences of her getting married to this guy from immigration point of view. Both my friend and the guy are Pakistani citizens. How long does it typically take for a spouse of a U.S. green card holder to receive: (a) work authorization/travel document (b) green card if the sponsoring spouse is a green card holder and the sponsored spouse is on H-1. Are the rules different or relaxed if the sponsored spouse is currently present in U.S.? Please share your experience to help out my friend. Thank you. 1) Marrying anyone will not affect her immigration case; 2) All applications for Green Card that are "accepted" entitle the applicant to an Employment Authorization Document (EAD) in 90 days since the application date (unsure if that's the postmark date, or BCIS receipt date, or BCIS Receipt Notice date, but it's small change anyway). 3) Current lines for Green Card interview are very long even for spouses of US citizens: 18 to 24 months. In addition, her not being a citizen just yet, he may wait a long time for an immigration visa to become available (there are annual quotas on numbers of spouses of Green Card holdres who can immigrate). A much quicker way would be to apply for a visa in Pakistan, if possible. There are three ways to do it: 1) She waits to become a citizen, then files form I-130 (petition for a relative), he waits 'till it gets approved (~6 months or so, if no complications), then goes to Pakistan to apply for an immigrant visa at the embassy. Upon his return back (in about 2 months, probably, but it's best to contact USEmbassy for local processing times), he's admitted as conditional permanent resident, with full rights, except there is an expiration date for this status in 2 years. This restriction can be removed in 2 years, if they are still together. 2) She waits to become a citizen, files I-130, then he flies to Pakistan to receive a V visa, given to those, whose I-130 is pending, but the spouse is in the U.S. ALthough this visa is non-immigrant, it allows to work and stay until called for an interview in Pakistan. After interview see #1 3) She doesn't wait to become a citizen, files I-130 right away, he flies home, applies for the V visa, then see # 2, 1 Hope this helps without confusing!
ttt111 Member Member # 6087	Posted November 06, 2003 01:14 AM it is about 5 years to wait for current visa number for spouses of green card holders. Not less!!! If green card holder naturalise - then visa number will be current. V visa available only for thouse who file I-140 before Dec 2000 and who waited in the line for 3 years at least. [ November 06, 2003: Message edited by: ttt111 ]

Author

Post

Alligatorz
Member
Member # 6198

Posted October 05, 2003 04:49 PM

My friend is currently a U.S. green card holder and is waiting to go to an interview for U.S. citizenship. She is planning to marry a guy who is on H-1 visa status in U.S.

My firend would like to know what are the consequences of her getting married to this guy from immigration point of view.

Both my friend and the guy are Pakistani citizens. How long does it typically take for a spouse of a U.S. green card holder to receive:
(a) work authorization/travel document
(b) green card
if the sponsoring spouse is a green card holder and the sponsored spouse is on H-1. Are the rules different or relaxed if the sponsored spouse is currently present in U.S.?

Please share your experience to help out my friend.

Thank you.

Cosmopol
Member
Member # 7165

Posted October 05, 2003 06:49 PM

quote:
Originally posted by Alligatorz:

My firend would like to know what are the consequences of her getting married to this guy from immigration point of view.
Both my friend and the guy are Pakistani citizens. How long does it typically take for a spouse of a U.S. green card holder to receive:
(a) work authorization/travel document
(b) green card
if the sponsoring spouse is a green card holder and the sponsored spouse is on H-1. Are the rules different or relaxed if the sponsored spouse is currently present in U.S.?
Please share your experience to help out my friend.
Thank you.

1) Marrying anyone will not affect her immigration case;
2) All applications for Green Card that are "accepted" entitle the applicant to an Employment Authorization Document (EAD) in 90 days since the application date (unsure if that's the postmark date, or BCIS receipt date, or BCIS Receipt Notice date, but it's small change anyway).
3) Current lines for Green Card interview are very long even for spouses of US citizens: 18 to 24 months. In addition, her not being a citizen just yet, he may wait a long time for an immigration visa to become available (there are annual quotas on numbers of spouses of Green Card holdres who can immigrate).

A much quicker way would be to apply for a visa in Pakistan, if possible. There are three ways to do it:

1) She waits to become a citizen, then files form I-130 (petition for a relative), he waits 'till it gets approved (~6 months or so, if no complications), then goes to Pakistan to apply for an immigrant visa at the embassy. Upon his return back (in about 2 months, probably, but it's best to contact USEmbassy for local processing times), he's admitted as conditional permanent resident, with full rights, except there is an expiration date for this status in 2 years. This restriction can be removed in 2 years, if they are still together.

2) She waits to become a citizen, files I-130, then he flies to Pakistan to receive a V visa, given to those, whose I-130 is pending, but the spouse is in the U.S. ALthough this visa is non-immigrant, it allows to work and stay until called for an interview in Pakistan. After interview see #1

3) She doesn't wait to become a citizen, files I-130 right away, he flies home, applies for the V visa, then see # 2, 1

Hope this helps without confusing!

ttt111
Member
Member # 6087

Posted November 06, 2003 01:14 AM

it is about 5 years to wait for current visa number for spouses of green card holders. Not less!!! If green card holder naturalise - then visa number will be current.

V visa available only for thouse who file I-140 before Dec 2000 and who waited in the line for 3 years at least.

[ November 06, 2003: Message edited by: ttt111 ]