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Marrying an H1 B visa holder.

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  • Marrying an H1 B visa holder.

    Hello,

    I am currently on F1 visa in USA. My to be husband is on H1B visa. He has received his Labor certification (LC) last month. The company is going to fill out I-140 and I-485 soon. Approximately after how much time would he receive his green card?

    Also, If I want to get married to him in USA without any formal wedding ceremony, can we register the marriage in a court? What documents are required for registered marriage? Would they ask for a proof of wedding, like wedding pics, invitation cards etc? How do I change my status to H4? What benefits do H4 visa holders get? I can't work on H4, right? When can I start workin? I heard that after a certain stage in green card processing both husband and wife can declare residency? Is that true? Looking for a detailed response from you, thanks!

  • #2
    I am currently on F1 visa in USA. My to be husband is on H1B visa. He has received his Labor certification (LC) last month. The company is going to fill out I-140 and I-485 soon. Approximately after how much time would he
    receive his green card?

    ---- Once the LC is cleared the company can apply for I-140 (it may take upto 3 months for its approval. As far as I-485is concnerned it depends on your country of birth. For Asians (Indian, Chinese and Filipinos) therte is a lot of time gap before they can apply for I-485 as their PD needs to be current for applying I-485

    Also, If I want to get married to him in USA without any formal wedding ceremony, can we register the marriage in a court?

    ---- Yes

    What documents are required for registered marriage? Would they ask for a proof of wedding, like wedding pics, invitation cards etc?

    ---- As far as I know your consent and witnesses

    How do I change my status to H4?

    ---- Apply for a COS from F1 to H4 with your marriage certificate and approved H1 petition

    What benefits do H4 visa holders get? I can't work on H4, right?

    ---- No benefits and rights. You cannot take up any employment whil;e on H4

    When can I start workin? I heard that after a certain stage in green card processing both husband and wife can declare residency? Is that true?

    ---- After you apply for I-485 when your PD becomes current. Then apply for an EAD. On the approval of EAD you can start working

    Subramanya
    Last edited by Subramanya; 08-10-2010, 07:34 PM. Reason: spelling mistakes

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    • #3
      Originally posted by yogeggan2 View Post
      Hello,

      I am currently on F1 visa in USA. My to be husband is on H1B visa. He has received his Labor certification (LC) last month. The company is going to fill out I-140 and I-485 soon. Approximately after how much time would he receive his green card?

      Also, If I want to get married to him in USA without any formal wedding ceremony, can we register the marriage in a court? What documents are required for registered marriage? Would they ask for a proof of wedding, like wedding pics, invitation cards etc? How do I change my status to H4? What benefits do H4 visa holders get? I can't work on H4, right? When can I start workin? I heard that after a certain stage in green card processing both husband and wife can declare residency? Is that true? Looking for a detailed response from you, thanks!
      p

      Comment


      • #4
        Originally posted by Subramanya View Post
        I am currently on F1 visa in USA. My to be husband is on H1B visa. He has received his Labor certification (LC) last month. The company is going to fill out I-140 and I-485 soon. Approximately after how much time would he
        receive his green card?

        ---- Once the LC is cleared the company can apply for I-140 (it may take upto 3 months for its approval. As far as I-485is concnerned it depends on your country of birth. For Asians (Indian, Chinese and Filipinos) therte is a lot of time gap before they can apply for I-485 as their PD needs to be current for applying I-485

        Also, If I want to get married to him in USA without any formal wedding ceremony, can we register the marriage in a court?

        ---- Yes

        What documents are required for registered marriage? Would they ask for a proof of wedding, like wedding pics, invitation cards etc?

        ---- As far as I know your consent and witnesses

        How do I change my status to H4?

        ---- Apply for a COS from F1 to H4 with your marriage certificate and approved H1 petition

        What benefits do H4 visa holders get? I can't work on H4, right?

        ---- No benefits and rights. You cannot take up any employment whil;e on H4

        When can I start workin? I heard that after a certain stage in green card processing both husband and wife can declare residency? Is that true?

        ---- After you apply for I-485 when your PD becomes current. Then apply for an EAD. On the approval of EAD you can start working

        Subramanya
        H4 can apply for EAD as soon as primary H1 holders I140 is approved. No need to wait for PD to become current.

        This is my opinion not legal advice.

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