As a New York immigration attorney, I frequently work with H-1B visa holders who plan to marry the love of their lives-their other half they met while working in the US who are often US citizens or legal permanent residents. The natural progression of things is for them then to apply for marriage green cards via the adjustment of status process. With a specialization in marriage and family-based immigration, our firm has built a reputation as one of the “Top 10 Immigration Lawyers in NYC,” supported by a five-star Google rating. Our clients value our deep understanding of both the H-1B and marriage green card processes, which allows us to answer nuanced questions that others may overlook. In this article, we’ll dive into the unique questions and challenges H-1B holders face when pursuing a marriage green card, as well as the specific concerns that arise for those marrying legal permanent residents.

The Advantages of Working with a NY Immigration Lawyer for H-1B Marriage Green Cards

With years of experience in both employment-based and marriage-based immigration, I’ve come to understand the unique challenges that H-1B visa holders face when transitioning to a marriage green card. Here are a few key reasons why working with a specialized NY immigration lawyer can be beneficial:

Personalized Guidance for Complex Cases

Each client’s journey is unique, and H-1B visa holders often have questions that need tailored answers. Below are some common questions I frequently answer as part of my practice:

• Do I need to maintain my H-1B status while my marriage green card application is pending?

  Many H-1B visa holders wonder if they should keep their H-1B status active, and I explain the advantages of dual intent and how to maintain flexibility during the green card process.

• What happens to my H-1B if I use my EAD card? Does my H-1B get terminated?

  Clients often ask whether using their EAD will impact their H-1B status. I clarify how the EAD and H-1B can coexist, allowing clients to choose the path that best suits their needs.

• Should I travel on my H-1B visa or use my Advance Parole?

  Travel is often a concern for H-1B visa holders, especially those who need to leave the US for work or personal reasons. I provide insights on the pros and cons of each option, explaining when it may be best to travel on H-1B versus Advance Parole.

• Will my H-1B employer know that I have filed for a marriage green card?

  Privacy is a common concern. I discuss how the marriage green card application process is separate from the H-1B process, and that filing for a green card does not automatically inform an H-1B employer.

• Will the marriage green card be faster than my employment-based green card, considering I’m an Indian, Chinese, or national of another county that has long waiting times for an employment-based green card? For example, due to the lengthy wait times for Indian nationals under the employment-based I-140 category, many clients want to know which path offers a faster route to permanent residency. I explain the differences in processing times and help clients determine the best option based on their unique circumstances.

Specific Questions About Marriage, Location, and Timeliness

When it comes to marriage green card cases, clients have many questions about how and where to marry, especially if they are facing employment-related timing issues. Here are a few questions that I often receive:

Where can I get married to ensure I receive a marriage certificate quickly?

If a client has been laid off or is facing a time-sensitive situation, they may need to marry quickly and obtain their marriage certificate immediately. I provide advice on the fastest ways to secure a valid marriage certificate, helping them prepare for an adjustment of status as soon as possible in New York. Although I serve clients in all 50 states of the U.S., we have specialized guidance available for those who want to get married in New York City. You can read about how to get a marriage license quickly in New York City here and also read about the different USCIS processing times in the New York USCIS Field Offices here.

Do I need a big wedding with a party or reception, or is a city hall marriage sufficient for a green card application and how long do I have to wait to apply for a marriage green card?

Many clients worry that a simple ceremony may not be enough proof of a bona fide marriage. I explain that while a city hall marriage is entirely acceptable, they should focus on gathering other supporting evidence to demonstrate the legitimacy of the marriage. Clients also wonder about how long they have to wait before applying for the marriage green card via the adjustment of status and they can read about that here.

Can I get married in another state or abroad?

I clarify that clients can marry in any state, as well as abroad. I help clients understand what’s required for each scenario and the potential impact on their case timeline.

What should I do if I recently lost my H-1B employment and need to apply for a green card immediately?

Timing is critical for H-1B holders whose employment has ended. I explain how they can marry quickly, obtain a marriage certificate, and submit their green card application before their H-1B grace period expires.

Navigating the Marriage Green Card Process for H-1B Holders Married to Legal Permanent Residents

While many H-1B holders are married to US citizens, I also receive questions from those who are married to legal permanent residents. Here’s a look at some of the unique questions and considerations for these clients:

Key Differences and Unique Questions

• What is the waiting period for a marriage green card when married to a legal permanent resident?

  I explain that, unlike marriage to a US citizen, which generally allows for immediate filing, marriages to legal permanent residents fall under the F2A category, which is subject to priority dates and waiting times. I help clients understand current processing times and plan accordingly.

• Can I adjust my status while in the US, or do I have to apply for a green card abroad?

  This question often arises for H-1B holders married to legal permanent residents. I clarify the nuances of the adjustment of status process for F2A beneficiaries and explain when consular processing may be required.

• What happens if my spouse becomes a US citizen during my green card application process?**

  I discuss the possibility of a status upgrade and how it could expedite the green card application. Clients appreciate knowing that if their spouse naturalizes while their green card is pending, their case may be processed more quickly.

Understanding USCIS Case Processing Times and What They Mean for Your Green Card Application

How accurate are USCIS’s estimated wait times?

USCIS case processing times can be a point of confusion. I explain that while USCIS provides estimated wait times, they are often just that—estimates. For clients in busy immigration hubs like New York, wait times can vary significantly. I provide practical guidance on managing expectations and monitoring case progress and you can read more about New York USCIS processing times here.

Why is USCIS’s estimated processing time so broad?

Many clients find the processing time ranges frustrating. I explain that the broad ranges are due to fluctuating workloads, staffing changes, and factors like RFEs or additional background checks. As an NY immigration lawyer, I stay up to date on these trends to give my clients the most accurate and realistic expectations.

Commonly Asked Questions About H-1B Status During the Marriage Green Card Process

What does it mean if my EAD card says “Serves as I-512 Advance Parole”?

This detail often confuses clients. I clarify that this dual-purpose card serves as both work authorization and travel permission, giving H-1B holders the flexibility to work or travel without impacting their adjustment of status.

Do I have to use my EAD and Advance Parole, or can I stick to my H-1B during the marriage green card process?

Clients sometimes worry that they are required to use the EAD and Advance Parole once issued. I assure them that they have the flexibility to choose, allowing them to stay on H-1B if that suits their needs better.

What happens if my marriage green card application is denied?

I provide a clear roadmap for what clients can do if their green card application is denied. Since H-1B status remains intact after a denial, they can continue working while considering other options, such as reapplying or seeking an employment-based green card.

As a New York immigration lawyer with years of experience in marriage-based and employment-based immigration, I’m uniquely positioned to help H-1B visa holders navigate the marriage green card process with confidence. Our firm’s specialization in family-based immigration enables us to answer even the most specific questions, providing our clients with clarity and peace of mind. If you’re an H-1B holder considering a marriage green card, we’re here to help you make this transition as smooth as possible.

Your journey matters to us because we've been there, and we're here to help you every step of the way. Let's make your dream a reality together. With the right approach, the marriage green card process can help you build a future in the U.S. with your spouse while allowing you to achieve your immigration goals. Should you or your loved one have any questions or need representation, please do not hesitate to contact us. Although we are located in New York City we represent clients all over the 50 states of the US. Call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation. We have represented many clients with successful results even with the most difficult set of facts.