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Considering applying for a marriage based green card and have some questions/thoughts

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  • Considering applying for a marriage based green card and have some questions/thoughts

    I'm currently in the 4th year of my H1B visa (6th year ends early October 2018) and my employer is currently in the process of applying for an employment based green card. I'm also dating a U.S. citizen and plan on getting married in the next 2/3 years. We were talking the other day and were considering getting married in the next few months so that we can start the green card process a little early, particularly because it would make it easier for me to travel outside the country, if I had to - not to mention having a little more peace of mind that comes with having a green card. I have a couple questions:

    1.What happens to my employment based green card that is currently being worked on? I will let my employer know that I plan on doing this but would they have to hold off on making that application? I would prefer if it they didn’t have to and my family based green card application would just ‘override’ that application when it’s time.

    2.If we were getting married now, we would be getting married at the courthouse in a civil ceremony and it would just be the two of us there – our families won’t be there, mostly because they’re traditional and will want to have a full-blown wedding – the issue with that us that we won’t be there financially for at least another 2 years or so.

    3.We are currently in a long-distance relationship (both of us are in the U.S.) with us seeing each other every weekend or every other weekend. Would that be an issue? We will be living together in a year from now.

    4.We plan on having joint bank accounts, credit cards, phone bills, etc., but obviously, will have separate leases – wondering if that’s an issue.

    5.Anything else that we need to be keeping in mind while considering this plan of action?

  • #2
    1: You can have as many GC applications being processed at the same time as you want. So no problems.
    2-5: All that matters to USCIS is that your marriage is bonafide. As long as you can prove that, these details do not matter.
    Just an opinion; Not legal advice.

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    • #3
      Originally posted by scientist2016 View Post
      1: You can have as many GC applications being processed at the same time as you want. So no problems.
      2-5: All that matters to USCIS is that your marriage is bonafide. As long as you can prove that, these details do not matter.
      Thanks!

      Is there any period in the application process that I cannot be working or can I continue to work as long as my H1B status is valid?

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      • #4
        Originally posted by NYC2India View Post
        Thanks!

        Is there any period in the application process that I cannot be working or can I continue to work as long as my H1B status is valid?
        You can continue working as long as your H1 is valid, or when you get your EAD, should you choose to use the EAD (from your marriage based AOS petition).
        Just an opinion; Not legal advice.

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