How long will it take to get a green card after marrying a U.S. citizen?

The current total wait time for a marriage-based green card ranges between 9 to 36 months, depending on whether you are married to a U.S. citizen or green card holder and where you currently live (not including possible delays).

Is H-1B a permanent resident alien?

H-1, TN and O-1 visa holders are considered non-resident aliens until they meet the “substantial presence” test.

Can a spouse of an H1B visa holder apply for green card?

Should both H1B visas come to an end and neither visa be renewed, then both of you must leave the US. Should you or your spouse be granted a green card through employment, then the other spouse may apply for a green card through family. Once married, the non-US national spouse of an H1B holder may apply for an H4 dependant visa.

What happens to my H1B if my spouse leaves the US?

Your time in the US will still be on a nonimmigrant basis and reliant on holding H1B eligible employment. One spouse may choose to switch to an H4 dependant visa, either by ending H1B employment or when that H1B employment comes to an end. Should both H1B visas come to an end and neither visa be renewed, then both of you must leave the US.

Why is my green card application pending on H1B?

For a green card application to be seen as pending, you must have completed and filed the application in your own name. There should be no gap between the H1B visa and the green card being granted, when you do not have a relevant visa that allows you to be in the US. This would mean that you are in the US illegally.

Can a H-1B visa holder apply for a work permit?

Like the spouses of U.S. citizens, H-1B holders who marry legal permanent residents can apply for a work permit (officially called the “Employment Authorization Document,” or EAD) at no extra cost when applying for a green card.