Marriage

[Nidhi]

i m a green card holder planning to get married soon and also applying for reentry permit i want my husband to come here with me so how can i apply for a green card for him and also can i apply from outside US as i will b taking a reentry permit and will b bak after 2 yrs so can i apply for him from outside US and how much time it takes to process spouses green card.

[JoeF]

This is the worst possible situation. The spouse would be in family category 2A, which currently has a PD of December 1997 That means that to get a GC for the spouse, it takes over 5 years.
You would be better off getting US citizenship and then marrying and applying for a GC for the spouse. There is no quota for spouses of US citizens, so it takes just a couple of months to get the paperwork processed.

[Nidhi]

marriage

so can i apply for my husband from India when we get married for a green card??

[JoeF]

Re: marriage

As long as you are a PR, you can file an I-130 for him. It doesn't matter if you are outside the US.
However, he will not be able to travel with you to the US. And he will not be able to visit you in the US since he has immigration intent.
This will be the case for the whole 5+ years until the PD becomes current. Then he can apply for an immigrant visa at the consulate.

[Nidhi]

marriage

what if I get married here in US and my husband is on tourist visa then can he stay here till his GC comes or no??

[JoeF]

Re: marriage

No, that doesn't work. Filing an I-130 does not give a person any immigration benefits. Your husband would have to leave when the allowed stay on the visitor visa is over.
The stay would only be legal when an I-485 can be filed, but that's only possible once the PD becomes current, i.e., after 5+ years.

[Nidhi]

marriage

thanks a lot for ur help.

[Nidhi]

Re: marriage

ok one more thing i wanted to ask, what if he comes here on a tourist visa and then we get married here only in a court. How would that work out? Would he be able to stay here with me then or not? Or alternatively, if he comes here on a work permit like an H1 visa or something while we have already filed for PR?

[JoeF]

Re: marriage

It does not matter if you are married, if he is on a non-immigrant visa, he has to leave once the allowed stay runs out. If he can get an H1, he can stay as long as he has that job, and the H1 is valid.