Can my husband apply for my green card when he applies for his? 10 Answers as of June 07, 2012

My husband is looking into applying for a green card through employment after his boss suggested he started looking into it. My question is, when he applies for his visa can he apply for me to become a permanent resident with him? If so what is the waiting time? We are both UK citizens, I am currently on a J visa... Will the fact he is married affect his application and will it take longer because he's married? And also I am guessing that I will be able to work if its possible for me to become a permanent resident with him?

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Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
Your husband can also include you on his application for a green card. The fact that he is married will not affect the merits of the case. Once you are granted residency along with your husband, you will have all the same rights as other green card holders including the right to work legally.
Answer Applies to: Texas
Replied: 6/7/2012
Law Offices of Brian D. Lerner, A PC
Law Offices of Brian D. Lerner, A PC | Brian David Lerner
It will take years for the visa number to become current on a PERM. He should apply for the H-1B first. *H-1B Specialty Occupation Visa* You qualify for what is known as the H-1B Specialty Occupation Visa. You will need to have an employer agree to sponsor you for a job. It does not need to be a full-time position, but it should be related to your degree. Our firm can do the entire petition. Once we begin processing and get it filed, it normally takes about six to nine months to get the approval. Please note that H-1B's are very limited and are only available for small periods of time during the year. Therefore, Premium Processing discussed next should be used. If you want a work permit in an expedited manner, you can take advantage of the Premium Processing program at USCIS. This will allow you to have the expedited answer in less than one month. You will need to add $1,500.00 to the cost below for Premium Processing. There are only a limited number of H-1B's and it must be filed by April 1. However, it is still possible it will not get selected for this years allotment.
Answer Applies to: California
Replied: 5/29/2012
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
You could derive lawful permanent residence through your husband's employment-based case. However, your husband must be the beneficiary of an approved immigrant visa. He must also be eligible to adjust his status. If he has entered the country illegally or overstayed/violated the terms of a visa, he is not eligible to adjust his status. You cannot adjust your status unless he adjust his status. If you receive permanent residence, you can work in the United states.
Answer Applies to: New York
Replied: 5/25/2012
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
If he applies on the basis of his employment, and you are married at the time he applies, then you can apply along with him.
Answer Applies to: California
Replied: 5/25/2012
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
If your husband applies for and is successful in getting a green card, you will get one too providing that you are married to him at the time the applications are being processed. As to the rest of your question, it will depend on the Employment-based (EB) category he is in and his priority date. There is no way of telling how long at this particular time.
Answer Applies to: California
Replied: 5/25/2012
    Elkhalil Law Firm, LLC
    Elkhalil Law Firm, LLC | Hassan Elkhalil
    Yes you husband can apply for your green card with him at the same time based on his employment application. Since you are on J visa, you may need to file for a waiver before your green card is approved.
    Answer Applies to: Georgia
    Replied: 5/25/2012
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    You can apply with your husband to adjust status and it will not increase the time due to his?marital?status. ?just make sure you are not subject to the two year residence rule from your J-1 status.
    Answer Applies to: California
    Replied: 5/24/2012
    Frazier, Soloway & Poorak, P.C.
    Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
    Generally, a spouse may adjust status along with her husband's employment-based adjustment of status process, and can get authorization to be employed while the adjustment of status application is pending. Note: for someone in the U.S. with a J-1 visa, it will be important to examine whether a two-year home residency requirement applies, whether it has been met and/or whether it can be waived.
    Answer Applies to: Georgia
    Replied: 5/23/2012
    Law Office of Bijal Jani | Bijal Jani
    Your husband can list you as a derivative beneficiary on any permanent resident applications that may be filed for him by an employer. However, you should take into consideration the requirements of your J visa for entering/exiting the country.
    Answer Applies to: New York
    Replied: 5/23/2012
    Immigration Attorneys, LLP | Robert R. Gard
    Generally, you would be a derivative on his application, but your J-1 admission may have a home country residency requirement.
    Answer Applies to: Illinois
    Replied: 5/23/2012
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