Marrying a person with GC in process

[H1b_nervous]

Hi All,

I am currently on H1b with 5 years left(i have not filed for my GC yet). I am planning to get married to my fiance who is currently in India and has his GC filed through his family, we are expecting his GC to come withing the next 3 years. My question is after i get married, will i be automatically get a GC through him or should i file for my separate GC at this time? I am very confused and any help will be appreciated.

Thanks

[t75]

It will depend on the family relationship of your fiance and the sponsor and their USC/LPR status. If his parents have filed for an unmarried child, he will lose the opportunity for a GC.

[catx]

You and your finance / husband can have separate permanent residency (green card) processes without effecting each other. If you consult with a qualified, experience immigration attorney I think they advise you to file for your own (employment based) permanent residency.

My first lawyer told me not to bother with an I-130 for my wife under the married child family category because of the long wait times / backlog. (My wife's mother was born in Detroit, was living in California at the time, and is now in Atlanta.) That was bad advice, as at the very least my wife and kids would have had their permanent residency (green cards) by now, even if I would still be waiting for my EB-3 priority date to become current.