H1B second term, GC app in progress and getting married to a US citizen

[Zukovar]

Hello Folks,

Your comments on this will be much appreciated since I am quite clueless how to proceed.

My situation:
* About a year ago I started my second term of H1B. I have not yet got it stamped from my home country.
* I have started my Green Card processing through my employer and have an approved LC Perm.
* My fiance is a US citizen and we intend to get married in a few months.

My questions:
* Would you recommend that we get married in the US - so that there is no complications wrt the marriage documentation for immigration purposes?
* What is the simplest (quickest) way for me to get a GC? Through the employer sponsored GC I can expect it to take around 4-5 years. In other words, if my spouse's citizenship can help, what do I need to do?
* What happens to my employer sponsored GC application? Do I need to terminate that before going down the other route (assuming there is one).
* Are there any caveats around traveling to my home country? I remember, when I was in OPT (after F1 student visa) I was told not to travel to my home country. Does the same thing apply here?
* Finally, in the event that my H1B stamping gets denied (even though the probability is low), what would be my options?

Ultimately, I care about staying with my fiance/spouse so would hate for this to become an issue.

Thanks much for your time!

 

[Jackolantern]

Would you recommend that we get married in the US - so that there is no complications wrt the marriage documentation for immigration purposes?

You can get married anywhere in the world as long as you have an official marriage certificate issued by the government of that country, and a certified English translation if the original is not in English (qualified people or companies can certify the translation, it doesn't have to be the government).

What is the simplest (quickest) way for me to get a GC? Through the employer sponsored GC I can expect it to take around 4-5 years.

Are you sure about that? What is your priority date, country, and category? Is it EB3 RoW?

What happens to my employer sponsored GC application? Do I need to terminate that before going down the other route (assuming there is one).

You can have both going at the same time, and whichever progresses towards final approval first they'll cancel the other or ask you to withdraw the other.

Are there any caveats around traveling to my home country? I remember, when I was in OPT (after F1 student visa) I was told not to travel to my home country. Does the same thing apply here?

That's not a problem for H1B because H1B is dual intent. But it's strange that they would tell you not to travel with the F1/OPT, given that you had no green card process at the time nor were you married to a US citizen or resident. Who told you not to travel, the school or your employer? Was the F1 visa in your passport expired at the time?

Finally, in the event that my H1B stamping gets denied (even though the probability is low), what would be my options?

If it's denied for a reason that leaves your general admissibility intact (e.g. your company suddenly went out of business), you could return via your spouse's sponsorship (which has different options depending on whether you're married yet) or another H1B from another company. Or appeal the H1B denial if the denial was a consular error.

 

[Triple Citizen]

In addition to the advice Jackolantern has given you, I have just one point to add. Go for your visa stamping after acquring an AP document through your spousal sponsorship. This will ensure you have a way of re-entering the US if your H-1B is denied.

* Finally, in the event that my H1B stamping gets denied (even though the probability is low), what would be my options?

 

[Zukovar]

Thanks much for your replies. Comments inline...

You can get married anywhere in the world as long as you have an official marriage certificate issued by the government of that country, and a certified English translation if the original is not in English (qualified people or companies can certify the translation, it doesn't have to be the government).

Are you sure about that? What is your priority date, country, and category? Is it EB3 RoW?

Indeed. I fall into the China/India category and that automatically puts me on a very long queue (even though I am on EB2)

You can have both going at the same time, and whichever progresses towards final approval first they'll cancel the other or ask you to withdraw the other.

That's not a problem for H1B because H1B is dual intent. But it's strange that they would tell you not to travel with the F1/OPT, given that you had no green card process at the time nor were you married to a US citizen or resident. Who told you not to travel, the school or your employer? Was the F1 visa in your passport expired at the time?

Employer. They were just playing it safe, I guess.

If it's denied for a reason that leaves your general admissibility intact (e.g. your company suddenly went out of business), you could return via your spouse's sponsorship (which has different options depending on whether you're married yet) or another H1B from another company. Or appeal the H1B denial if the denial was a consular error.

Oh ok. My employer is fairly big and I do not expect them to go out of business anytime soon. It is unlikely if I get denied the Visa it will be for those reasons. So, if the Visa gets denied can my spouse apply for my GC on my behalf from the US so that I can travel to the US on that? This might sound a little paranoid but I am just trying to be prepared for the worst case.

Thanks for your replies!

 

[Zukovar]

In addition to the advice Jackolantern has given you, I have just one point to add. Go for your visa stamping after acquring an AP document through your spousal sponsorship. This will ensure you have a way of re-entering the US if your H-1B is denied.

Thanks TripleCitizen. How long do you think it would take to get to the AP document stage? The reason I ask is because we do not want to delay the marriage ceremony for too long, so depending on how long it takes we might as well do this or choose to take the risk (even though I think it is mostly small).

 

[Triple Citizen]

Worst case, 90 days perhaps.

How long do you think it would take to get to the AP document stage?

 

[Jackolantern]

Thanks TripleCitizen. How long do you think it would take to get to the AP document stage? The reason I ask is because we do not want to delay the marriage ceremony for too long, so depending on how long it takes we might as well do this or choose to take the risk (even though I think it is mostly small).

You can obtain AP only after getting married and filing the relevant green card paperwork. So delaying the marriage ceremony until after you get the AP would be impossible, unless you plan to have a non-ceremonial legal wedding in the US first.