Out of Status on H1-B

[RAIDER-NATION]

I quit my H1-B job last month and haven't work since. I'm getting married in November with my fiancee who's a GC holder. I plan to be stay-at-home wife and take care of my son from previous marriage. Would I have any issue when he apply for my GC and my son's GC (he's under 21)? Your help would be greatly appreciated. Thank you!

[ari4u]

Originally Posted by RAIDER-NATION

I quit my H1-B job last month and haven't work since. I'm getting married in November with my fiancee who's a GC holder. I plan to be stay-at-home wife and take care of my son from previous marriage. Would I have any issue when he apply for my GC and my son's GC (he's under 21)? Your help would be greatly appreciated. Thank you!

Okay, i dont want to scare you, but this is how it works. Since you are getting married to a GC holder, your spouse can only apply I-130 for you and it might take ~3-4 years for it to be approved and PD to become current before you can apply for I-485 based on an approved I-130. Till then, you have to maintain your own legal status and the I-130 will not help you in any way. As i can see that you have quit your H1-B job and if your employer has cancelled your H1-B, you are in illegal status and would be accuring illegal presence till you can apply for I-485 or change your status to that of a legal one. If your spouse is due to apply for citizenship soon, then you can as well wait for him to become a USC and then apply for your GC. This way, you can file your I-485 along with the I-130 and your illegal stay would be pardoned. You can wait to file all forms together after your spouse becomes a USC, or your spouse only files I-130 for you now and upgrades it when he beomes a USC. Both options are okay and its your choice. But whichever option you choose, you would be accuring illegal presence till you file I-485 (unless you apply for some visa which would give you a legal status)

My 2 cents... You should consult a lawyer regarding this situation.