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About to be spouse with about to be husband going into Greencard process from H1B

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  • About to be spouse with about to be husband going into Greencard process from H1B

    Dear everybody,

    Our situation:
    - I am a German citizen, master degree holder and am working and living in Germany in Management position.
    - My boyfriend is German born on the Philippines
    - He holds H1B since 2017 and started application for greencard process with his company in January 2018
    - We will get married in October 2018

    Questions:
    1. Can he still put me as a dependent on his greencard, when we get married in October?
    2. Do I have to live then in the US when he puts me as a dependent on his greendcard application?
    3. How long will it take until I can start working with the greencard?
    4. Is there a certain period of time that I have to be physically in the US before getting the greencard?

    If there is anybody here who can help us, give us hints or advice we would greatly appreciate your support.

    Thanks a lot in advance

  • #2
    Originally posted by Iniyogini View Post
    Dear everybody,

    Our situation:
    - I am a German citizen, master degree holder and am working and living in Germany in Management position.
    - My boyfriend is German born on the Philippines
    - He holds H1B since 2017 and started application for greencard process with his company in January 2018
    - We will get married in October 2018

    Questions:
    1. Can he still put me as a dependent on his greencard, when we get married in October?
    As long as he hasn't gotten the green card by then, yes. The marriage just has to occur before he becomes a permanent resident for you to be able to apply to immigrate as his derivative beneficiary (at the same time or any time later).

    Originally posted by Iniyogini View Post
    2. Do I have to live then in the US when he puts me as a dependent on his greendcard application?
    no

    Originally posted by Iniyogini View Post
    3. How long will it take until I can start working with the greencard?
    Well if you have a green card, you are a permanent resident and can work. I think you are asking how long until you can work if you start applying. It depends on if you are doing Adjustment of Status in the US, you can apply for an EAD at the same time so you can work while the AOS is pending. The AOS may take a year or so, but you will get the EAD in about 5 months, and can renew the EAD indefinitely as long as your AOS is pending. If you are doing Consular Processing abroad, you have no particular right to enter or work in the US during the process; at the end of the process you get an immigrant visa, and when you enter the US with this immigrant visa, you immediately become a permanent resident and can immediately work.

    Originally posted by Iniyogini View Post
    4. Is there a certain period of time that I have to be physically in the US before getting the greencard?
    No. If you are doing Consular Processing, you don't have to be in the US.

    This is my personal opinion and is not to be construed as legal advice.

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