H-1B Visas are in most demand globally as they allow professional workers with at least a bachelor’s degree to seek employment in the U.S. After obtaining an H-1B visa, individuals can lawfully work in the U.S. If an individual marries a lawful permanent resident of the U.S. (Green Card Holder), they become eligible to apply for a marriage-based green card from within the U.S., which allows them to stay in the U.S. permanently & continue working.

Changing the status from H-1B Visa Holder to Marriage-based green card holder is complicated & challenging as there are specific criteria that you are required to fulfill & list of documents needed. Let us walk you through the eligibility criteria & documents required in order to simplify the process.

Ways for applying for a marriage-based green card

There are two ways to apply for a marriage-based green card from within the U.S.

First Path: If you are married to the U.S. Citizen

The route is relatively straightforward if you are an H-1B Visa Holder & married to a U.S. citizen. You must file the family petition form (Form I-130) for establishing your relationship with your partner and the green card application Form I-485 for requesting a Green Card from within the U.S. simultaneously. This process is called "Concurrent Filling", which reduces the processing time from changing status from H-1B to Marriage-based Green Card.

Note: Once you have filed the form I-485, you will need to obtain a travel permit for traveling outside the U.S.  If you travel outside the U.S., the government will consider your Green Card application abandoned if you travel without a travel permit.

How to apply for a work permit?

Due to the lengthy green card application process, it is recommended to apply for a work permit (Employment Authorization Document) at the same time while applying for a marriage-based green card. It will save you time and allow you to work in the U.S. after filing for a Marriage-based Green Card. You will receive your work permit within 180 days approximately after submitting your Marriage-based Green Card application.

If your Green Card case is in process & your H-1B Visa expires, and if you don't have a separate work permit, you will be required to stop working until you receive your work permit (authorization).

As a preventive measure, it is advisable to file for a work permit application (Form I-765), which is free to file & won't have any impact on the outcome of your marriage-based green card application.

Second Path: If you are married to a Green Card Holder

If you are an H-1B Visa Holder & married to a Green Card Holder, obtaining a Marriage-based Green Card is a bit complicated & can take up to 12-22 months. The spouses of the Green Card Holder must file a family petition Form I-130 to establish their relationship and Form I-485 for a Marriage-based Green Card Application.

In general, spouses can't do concurrent filing. They must file the family sponsorship Form I-130 first, and after receiving a Visa Number, they can file Form I-485 for a Marriage-based Green Card Application.

The waiting period for obtaining Visa Number for spouses married to a U.S. citizen is comparatively less than the waiting period for spouses married to a Green Card Holder, which can take up to two years sometimes for obtaining Visa Number before filing form I-485 for a Marriage-based Green Card.

Note: Once you have filed the form I-485, you will need to obtain a travel permit for traveling outside the U.S.  If you travel outside the U.S., the government will consider your Green Card application abandoned if you travel without a travel permit.

How to apply for a work permit?

Spouses of Green Card Holders are eligible to apply for work permits like those of U.S. Citizens. You must file Form I-765 simultaneously with your Green Card Application once you have received a Visa Number. You must use your existing H-1B Visa to live & work in the U.S. until you receive a visa number & submit your marriage-based green card application.

If the H-1B Visa Validity has reached 6 years, and if you are yet to receive your Green Card, you will be required to leave the U.S. and continue the marriage-based green card application via consular processing. Once you have received your marriage-based green card application, you can return to the U.S. & resume working.

Due to the long waiting periods, it is advisable to begin the marriage-based green card application process immediately after the marriage. Ensure that the validity period for your H-1B Visa is adequate for the green card application to go smoothly.

What is the waiting period to get a marriage-based Green Card?

The average waiting period is around 17 months. However, the waiting time for spouses of U.S. citizens is comparatively less than those of Green Card Holders.

What if the sponsoring Green Card holder status changes?

Getting a marriage-based green card is relatively quick for spouses married to U.S. citizens. However, if the Green Card holder has filed for naturalization of their own and they receive their U.S. citizenship while their partner is still waiting for a marriage-based green card, in that case, they must notify USCIS to upgrade their case. Spouses must file for the marriage-based green card application & work permit application simultaneously to speed up the process.

Conclusion:

The process might seem challenging & a bit lengthy. Hence, it is the best to consult an Immigration Law Firm to make the process smoother & quicker.

Salinas Law Firm is one of the top 10 Immigration Visa law firms in Houston, Texas. We have some of the best immigration lawyers in Houston, Texas, who have helped hundreds of spouses obtain marriage-based green cards. Contact us today to get a consultation for a marriage-based green card or any other immigration visa services. You can reach out to us via phone at 713.518.1711.