Dan

Here is the situation.

Worker is Canadian, working in the US.

H1B holder (recently acquired), and Greencard application ready to go
with company blessing.

H1B holder has a longtime girlfriend in Canada, and is looking at
getting married eventually, but not "right now".

The question is:

Once greencard is approved (3-4 years from now), and before
citizenship, if the H1B holder gets married, is it
difficult/impossible for his wife to join him in the US?

If they do get married while the worker has a greencard, would her
application for H1B/TN (she's an engineer) be denied/delayed?

I guess the concern he's having is if applying for a greencard would
prevent marriage and getting together with his wife until citizenship
(7-10 years from now!).

What would be the best course of action in cases like this? (Assuming
a planned marriage in 2 years.)

Mark

"Dan" <> wrote in message
news:...
    > Here is the situation.
    > Worker is Canadian, working in the US.
    > H1B holder (recently acquired), and Greencard application ready to go
    > with company blessing.
    > H1B holder has a longtime girlfriend in Canada, and is looking at
    > getting married eventually, but not "right now".
    > The question is:
    > Once greencard is approved (3-4 years from now), and before
    > citizenship, if the H1B holder gets married, is it
    > difficult/impossible for his wife to join him in the US?

It is not difficult or impossible, but more timely. If you were
married prior to the greencard process, she would automatically be able to
jump on the bandwagon. If you file for her as a spouse of an LPR, she will
wait for quite a while.
    > If they do get married while the worker has a greencard, would her
    > application for H1B/TN (she's an engineer) be denied/delayed?

H1B can be dual intent of permanet residency.
    > I guess the concern he's having is if applying for a greencard would
    > prevent marriage and getting together with his wife until citizenship
    > (7-10 years from now!).
    > What would be the best course of action in cases like this? (Assuming
    > a planned marriage in 2 years.)

Andrew Wilson

Originally posted by Dan
    > Here is the situation.
    >
Worker is Canadian, working in the US.
    >
    > H1B holder (recently
acquired), and Greencard application ready to go
    > with company
blessing.
    >
    > H1B holder has a longtime girlfriend in Canada, and is
looking at
    > getting married eventually, but not "right now".
    >
    > The
question is:
    >
    > Once greencard is approved (3-4 years from now), and
before
    > citizenship, if the H1B holder gets married, is it
difficult/impossible for his wife to join him in the US?
    >
    > If they do
get married while the worker has a greencard, would her
    > application
for H1B/TN (she's an engineer) be denied/delayed?
    >
    > I guess the
concern he's having is if applying for a greencard would
    > prevent
marriage and getting together with his wife until citizenship
    > (7-10
years from now!).
    >
    > What would be the best course of action in cases
like this? (Assuming
    > a planned marriage in 2 years.)

The
key would be to get married before your green card processing was
complete. If you do that, she can also obtain the green card off of
your filing. If you wait until after you receive the green card, it
will be a much longer process for her to then obtain her green card.


Ovbiously, if you get married before, she can also obtain H-4 status.


Regards,

Andrew

Andrew M. Wilson, Esq.