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by bedobi 41 days ago
I switched from e3 (NOT eb3) to h1b and then they did the $100k eo, so it doesn't feel like a good idea to remain on h1b.

Now, my us citizen spouse and I are filing a spouse based green card application. (of course, we also filed for EA and AP)

Anything you can tell us about how long it might take, how many requests for extra documents they might ask for? (I understand you haven't seen our application, to our minds it's very thorough, like 400 pages, but yeah, in all generality)

Thank you Peter!

2 comments

Even now, marriage-based green card applications are quick and easy. Because almost always they end in an interview at a local USCIS field office, the timing depends in part on the volume and efficiency of that local office but we are seeing most marriage-based green card applications approved within 6 months, regardless of the location. Requests for additional evidence in the marriage-based green card context are rare and when they happen are usually easy to address.
That 6 months is considered “quick and easy” says a lot.
If you compare that to other countries it’s fast and easy.
Mind you, this is for obtaining citizenship. Citizenship is a very big deal as it's permanent unless you do something outrageous
This is not for citizenship, but for the permanent residency ("green card"). And yes, 6 months is a dream for most applicants.

I had to wait 2 years for my uncomplicated GC case.

How about marraige based green cards when residing outside the US? Any indication how long this takes and how complicated the process is? My wife and daughter are both US citizens and we live in Germany. I am a German citizen and have no type of visa in the US.
Each consulate handles the process a bit differently, but there is a bit of a hack called Direct Consular Filing where you can file the I-130 directly to the consulate if you can show urgency, and the easiest way to do so is to have the US citizen get a job or school offer requiring them to relocate back to US. If you can do that it speeds up the process.
What made you switch from E-3 to H-1B?
Probably the desire to apply for a green card. Technically you are not supposed to do this in an E3 because it demonstrates immigrant intent, and the E3 doesn’t allow this. I know people who have done it successfully but I also chose to get an H1B before putting in a green card application years ago, and I would be even more cautious in today’s atmosphere.

A random lawyer web site that looks like a good explanation: https://peterchu.com/blogs/medium-feed/can-an-e-3-visa-holde...