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kbgummadi

US citizen getting married to a H1B holder

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Hello,

I am US citizen and I have plans to get married to a H1B visa holder. Both of us are in Michigan. I would like to know what all I need to file to get her a green card eventually. Can we travel to India to get married while the applications are still pending?

Where should I start? What are the applications that I need to file? There are forums that discuss this but they are all over the place. Please suggest. Thank You.

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You cannot file until after the marriage unless you are filing for a fiance which does not apply in your case since you are planning ceremony in India rather than US. Since she has an H1B, she can return after marriage since H1B is dual intent visa.

The USCIS website has complete information and forms for family filing.

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Let her stay in H1 status. Once you come back from India after being married you can then file her I130/AOS documents and she will get her GC in 5-6 months. This is an important life event. Hence consulting a Lawyer proactively may be in order.

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My wife is Australian citizen and I am green card holder of USA..How she will be able to come in USA at the earliest legally..I know she can enter USA without visa, but once she is married to a green card holder, she may have trouble entering on visa waiver. Any suggestion on that??

In the worst case, if I sponsor her for her green card while she is out of USA, how long it will take to process..Any idea??

Thanks

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