I’m on H1B, have my PERM approved and about to file for I140/I485. I’m also not Indian/Chinese, so no major backlog. My girlfriend is on STEM OPT and has missed her first attempt in H1B lottery. If she doesn’t get picked next year, there is a high risk for her to leave the country the following year (attempt #3), unless she somehow gets onto my visa/perm status, which would also require us to go ahead and marry. What are the best options? - get her on H4, within 90 days apparently? But is that even possible if my status gets adjusted from H1B to GC - wait with my filing until we are married and then file together for PERM - go ahead and file solo and then later file perm for her once I have greencard? By that time (summer 2025) she might have to leave the country already since I heard it takes >1 year for spouse to get perm
Marry before you file i140, do cos to h4 for so and get ead while you wait on i485
Dump her and get a citizen/resident 🐥
You need to be married first
I honestly read the question as "get girlfriend on my sperm" I need to be more religious, my head's in the gutter
Ain’t nothing wrong with it
Are you from Alabama ?
Without getting married you’re out of luck. Get married > h4 ead for her if you have i140
You need to get married. Once you do, she can join at the I140 stage. It's actually quite faster than the marriage-based route for her
Speak to an attorney. Regardless of how much sense some advice could make, blind is not reliable for such questions. I’m sure your TC can afford an attorney.
Marry her with your favorable pre-nup and charge her at least 100k for GC and option to have life long unconditional s$x.
Your country is not backlogged so your spouse won't be eligible for an H4-EAD. Indian and Chinese don't know this. Get your I-140 then get married and get her on H4. Then file for I-485 together at that stage. There is no such thing as filing I-140 together. It's for concurrent filing where you do 140 and 485 together then yes you should be married, but again you don't need to file concurrently if you need some time. Also once she moves to H4 and you file for I-485 apply for AP and EAD card as well. Also remember she won't be able to work on that H4 until she gets the EAD card. The EAD card will come before the greencard so make sure you apply for it so she can get back to work.
H4 can come before i140. But h4 EAD needs i140 is my understanding. Doesn't matter if you have GC or applied for 485
How long have you been in this relationship? Make sure she is not in it for GC
1.5 years
Valid point by Google. make sure that.