advice before marrying a tourist visa holder

M

mjakub76

Registered Users (C)
Hi
Here is my status:
H1-B valid until 2/2009
PD 12/2003
EB-3 world
I-485 FD 6/2007 and pending, AP approved

I want to merry a person who is now out of US, but she has a B-1 visa, valid until 6/2009.
Could you please advice, what is the best way to get GC for her.
Should I merry her in US or in Mexico (she is Mexican)?
Should I get H-4 visa for her or keep her in US on her B-1 visa (of course she would have to travel back home every 6 months or so)?
If my PD becomes current, can I easily file I485 for her and we will both get GCs at the same time?
Any other ideas? Anybody has done the same, how long it took, any problems?
Thank you for your inputs
:)
 
mjakub76 said:
Hi
Here is my status:
H1-B valid until 2/2009
PD 12/2003
EB-3 world
I-485 FD 6/2007 and pending, AP approved

I want to merry a person who is now out of US, but she has a B-1 visa, valid until 6/2009.
Could you please advice, what is the best way to get GC for her.
Should I merry her in US or in Mexico (she is Mexican)?
Should I get H-4 visa for her or keep her in US on her B-1 visa (of course she would have to travel back home every 6 months or so)?
If my PD becomes current, can I easily file I485 for her and we will both get GCs at the same time?
Any other ideas? Anybody has done the same, how long it took, any problems?
Thank you for your inputs
:)
Click to expand...
Get married to her and then she can get H4 Visa based on your H1 status and comes to US on H4 status. Once your PD becomes current then file her I-485. You should remain on H1 status so that she can maintain H4 status till your PD becomes current and she is eligible to file derivative I-485.
 
thanks for replay
does it matter where we get married? she should cross the border on H-4 or on B-1, and than apply for H-4 for her?
:)
 
mjakub76 said:
thanks for replay
does it matter where we get married? she should cross the border on H-4 or on B-1, and than apply for H-4 for her?
:)
Click to expand...

If she is on B1/B2 visa and gets married to you in US it means her Intent was wrong at the time she applied B1/B2 visa. Better get married out of US then she applyH4 visa stamp from US consulate and then can enter US on H4 status. She will need marriage certificate and your H1 status papers to get H4 visa stamp from consulate (check the site of particular US consulate)
 
Thank you for the explanations, now it is clear to me.

Another idea:
Let's say my company (I have H1-B and I-140 from) is very weak, and I decide to start working for somebody else full time. I have AP and EAD and I understand I can do it 180 days after I-485 submission.
I understand that at that time I would give up my H1-B status, and I'm perfectly OK with that, since I hold AP/EAD. But how to solve the marriage problem? My PD will not change probably for next 12 months, and my spouse would not be able to submit I-485 for her. What would be your advice? Get married ASAP, bring her to US on H-4 and than give up my H1-B status (means start working using EAD), or keep her on B-1, as long as my PD becomes current and than file I-485 for her? Wouldn't it be a "wrong intention"?
My thoughts are going back and forth; I'm trying to save my case and my relationship with her.
thx for help.
:)
 
If your I-485 gets approved before your PD becomes current (I have seen approvals when the PD is not current) then it will be a big mess. Ginnu & RealCanadian please respond here if I am wrong.
 
mjakub76 said:
Thank you for the explanations, now it is clear to me.

Another idea:
Let's say my company (I have H1-B and I-140 from) is very weak, and I decide to start working for somebody else full time. I have AP and EAD and I understand I can do it 180 days after I-485 submission.
-----------------then join new employer with H1 transfer
I understand that at that time I would give up my H1-B status, and I'm perfectly OK with that, since I hold AP/EAD.
---------------If you are NOT on H1 status then your wife cant get H4 visa stamp. You should remain on H1. if you use EAD then you are NOT on H1 status

But how to solve the marriage problem? My PD will not change probably for next 12 months, and my spouse would not be able to submit I-485 for her. What would be your advice? Get married ASAP, bring her to US on H-4 and than give up my H1-B status (means start working using EAD), or keep her on B-1, as long as my PD becomes current and than file I-485 for her? Wouldn't it be a "wrong intention"?

-----------------------remain on H1 status and she should be on H4 status till she file her I-485 or your PD becomes current
My thoughts are going back and forth; I'm trying to save my case and my relationship with her.
thx for help.
:)
Click to expand...

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