If I’m a foreign national who is on H1B work visa and my wife is US citizen who is applying green card for me, do we have to apply for I-130 as well as I-485 form?

We just got married.

Asked on November 11, 2014 under Immigration Law, New Jersey


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you are in the US in valid nonimmigrant status such as H-1B and you get married to a US citizen, it is in your best interest, of course, to file the I-130 and I-485 concurrently as that makes you eligible for a green card within about 4-6 months of filing.  I would strongly suggest filing concurrently.

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