Family based green card for spouse

[sherin55]

Hi,

I am currently in US on H1B visa. I am getting married to a green card holder in next month.

I will be going to India and planning to go for the stamping before the marriage.

Since I will be single at the time of stamping , will there be any problem if I come here on the same visa without changing my relationship status and apply for the green card?

Also what will be best option for me, apply for the green card in India or in US?

Please advise.

Thanks

[redgreenbluee]

please consult a lawyer.

H1 is dual intent visa, so whether you applied single or married, this should not affect your chances.

after marriage, you spouse will need to petition your GC and probably easier in the US. you will have to wait for your PD to be current before you can apply AOS in the US or CP in india. you will need to maintain your own NIV status (ie H1) while waiting for your PD to be current in the US.

Hi,

I am currently in US on H1B visa. I am getting married to a green card holder in next month.

I will be going to India and planning to go for the stamping before the marriage.

Since I will be single at the time of stamping , will there be any problem if I come here on the same visa without changing my relationship status and apply for the green card?

Also what will be best option for me, apply for the green card in India or in US?

Please advise.

Thanks