H1B married to GreenCard holder.


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Hi -

I am in the same boat and we did consult an attorney this week.

They say applying PARALLELY (my GC and her naturalisation aka citizenship) will not be a great idea since there is a potential for RFEs and change of her status during my application process BUT not really sure how far this is practically true.

since someone here states that ,

"She should naturalize and then upgrade your petition tpo spouse of USC"

I would be inclined towards this approach if its as clear as mud with out any complications, that way I save a good 2-3 months of time.

Pleas let me know your ideas, would really appreciate.

Thanks.

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Since you have a dual intent visa and no problems with OOS or illegal presence, take the easiest path even if it takes longer when compared to the best case of the other alternatives. It takes away the risks and aggrevation of the potential problems of the more risky route.

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  • 1 year later...

Dear All, I am going through the same situation right now.

I am GC holder and i want to sponser GC for my spouse holds H1. His H1 is valid for one more year.

Should i sponser GC now? Would it effect his current visa status ( H1 B) ? How much time does it take to get GC if i apply now.

Appreciate any responses. Thank you!

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