future spouse is out of status prior to filing I-485

V

vlan

Registered Users (C)
Hi,

I would appreciate your advice on my situation:

I have recently filed for I-485 (EB)
My fiancee got laid off last week and as of now is out of status.
We plan to get married in couple of months, and as I understand he can file for his I-485 as my husband.

My questions here are:
1. Will the fact that he is out of status for 2 months negatively impact his or mine application?
2. Would filing for B2 visa be the best option for him now?
3. Once we marry, do I have to modify my original petition to add his name and if yes, will this delay the process?

I will be discussing this with the attorneys in the next few days, but wanted general opinion on this asap.

Thank you

vlan
 
since he will be a derivative

his being laid off should not be an issue with a valid I94. INS will not ask for paystubs from a derivative. However, your spouse's employer should not have informed INS about the lay off...

1. It will not defintiely affect your application

2. B2 is a wrong choice, since a B2 is supposed to be a purely non immigrant visa.

3. After marriage all you need to do is send a seperate 485 for him with all documentations (your I485 receipt copy, marriage certificate etc.) . INS should send a new I485 receipt (and A#) for him. He gets to stand near you in the priority queue from then on. your GC progress is no way affected by this.

As an alternative to item 2, I would suggest performing a civil mariage ceremony (contact your city hall for how to) and file for a dependent petition (h4 or other relevant) for your fiance. That way you will preserve his status as well as give a jump start on his 485. He can then apply for EAD (and AP) and maybe can get better job prospects as compared to whatever work visa he has now. This is my suggestion.
 
Re: since he will be a derivative

Originally posted by jaxen
his being laid off should not be an issue with a valid I94. INS will not ask for paystubs from a derivative. However, your spouse's employer should not have informed INS about the lay off...

1. It will not defintiely affect your application

2. B2 is a wrong choice, since a B2 is supposed to be a purely non immigrant visa.

3. After marriage all you need to do is send a seperate 485 for him with all documentations (your I485 receipt copy, marriage certificate etc.) . INS should send a new I485 receipt (and A#) for him. He gets to stand near you in the priority queue from then on. your GC progress is no way affected by this.

As an alternative to item 2, I would suggest performing a civil mariage ceremony (contact your city hall for how to) and file for a dependent petition (h4 or other relevant) for your fiance. That way you will preserve his status as well as give a jump start on his 485. He can then apply for EAD (and AP) and maybe can get better job prospects as compared to whatever work visa he has now. This is my suggestion.
Click to expand...

Thanks for you reply - Option of B2 is out then. Our situation is worsened by the fact that he got laid off from a company that was doing visa transfer for him, and this transfer is not over yet. He was told by their attorney that he is out of status only as of the date he was laid off. But his I94 is for the company he worked for prior to this company, is it still valid (the date is OK)? And if not, which document should be used to show his status?

I also spoke to the attorney - he is saying that being out of status for less than 180 days is OK for I485...
 
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