The US Department of State releases a visa bulletin every month. It shows how many green cards are available and who is allowed to move forward. In the February visa bulletin, the government explains the family-based green card system. This system has different groups, called categories, and each category has a limit.
One important category here is F-2A, which is for the spouses of green card holders. The F-2A category is for husbands, wives, and small children of permanent residents (green card holders).
Even though this is a close family relationship, there is still a waiting line. Only people whose priority date is earlier than the date shown in the visa bulletin can move forward. In February, the bulletin shows that F-2A has a cut-off date. This means not everyone can apply at the same time.
When a Green Card holder marries an H-1B worker
At this juncture, Immigration attorney Robert Webber explains a common situation when a Green Card holder marries an H-1B worker, what will be the process. “Sometimes a person waits many years and obtains his green card through employment-based immigration and only then decides to propose and get married to his H-1B girlfriend,” he wrote on LinkedIn. Many people think marriage will solve everything immediately. But immigration does not work that way.
What happens after the marriage?
After the wedding, the green card holder can file a petition for their spouse. As Webber explains, “If a green card holder marries an H-1B worker, then the green card holder can file an I-130 petition at any time after the marriage.”
But this petition falls under the F-2A category, and that category has waiting dates. Because of this, the H-1B spouse cannot apply for a green card right away unless their priority date is current.
Why the waiting can be a problem
Webber explains that family-based immigration also has long waits, just like job-based green cards. “The I-130 petition is in the F-2A category, and there is a cut-off date on the visa bulletin,” he wrote. Until that cut-off date moves forward, the H-1B worker must keep a valid visa to stay in the US.
An H-1B visa usually lasts six years. If the F-2A date does not move fast enough, the person must find another solution.
Webber explains, “The existence of the cut-off date means the H-1B worker may need to have her own I-140 to stay in the US beyond 6 years.” If that is not possible, the person may have to leave the US and finish the green card process from their home country. Another option is changing to a different visa, like a student visa or a special talent visa, while waiting.
One of the hardest parts of US immigration is that visa dates move slowly and unpredictably. Webber says it clearly, “The movement of F-2A cut-off dates is as erratic and frustrating as EB dates.” This means couples must plan carefully and always have a backup plan.