H-1B Holder Applying for a green card with spouse. Does his/her status matter? H4 or B1/B2?

Question

I am currently on H1B, but my fiancee has a visitor visa (B1/B2). He can come in and out of the US when he wants to, until 2011. My employer will file for my green card next year (2009) after we get married, so my question is: does my spouse has to have an H4 in order to apply for a green card together? or can he stay with the B1/B2 visitor visa, and still be eligible for a green card with my application?

So does he need an H4? or is he fine with a B1/B2 visa? before we apply together for an employer sponsored green card?

Answer 1

You should get married and get him on H4 it will work great for both of you.

Answer 2

A tourist, business or visitor's visaholder cannot change status while within the US.  Is your employer willing to sponsor the both of you?  After your marriage, your spouse will have to have a dependent's visa before your employer files the green card application.  Otherwise, he will have to wait outside the US until you get a green card and apply for his spousal visa.

Answer 3

As long as you're married before you get green card status, your husband would be eligible for green card status as well, whether or not he's even in the US. He'd be better off on an H4 though, as he would be in status on that visa as long as you're in status on that visa. Of course, you'd have to be married before he could get H4 status. If he's in the US on a B1/b2 and falls out of status before you get your green card, that might make if difficult or even impossible for him to get a green card, depending on how long he was out of status.