going from H-1B to K-4 to Child of Resident Green Card

M

mkostyu

Registered Users (C)
This is what's happening:
1. I had a job with H-1B visa that I decided to transfer to another employer. 6 months into my employment wit them I receive an RFE and find out that my new employer screwed up greatly on the application, starting with the LCA. Now it appears that I might be losing my H-1B pretty soon if it doesn't get corrected by December 11.
2. I have a boyfriend whom I've been living with for 3 years and he is ready to marry me in case I lose my H-1B so we can stay together. I understand that this will give me a K-4 and work authorization.
3. A few years back my dad, who is a Permanent Resident applied for a Green Card for me. My priority date is November 2006 and looking at the Visa Bulletin it looks like Visa number will be available in the next year.

Here is the question.
If me and my boyfriend got married and I got K-4 would it be possible for me to patiently wait for my Visa number to become available or will we have to apply for a Spouse Green Card for me?

Thanks!
 
No, a K-4 is a nonimmigrant visa for the child of a USC. Since you Are bringing up USC relative categories, I am guessing that your boyfriend is a USC.

As long as you entered legally (and you did) you can get married and your USC husband can file an I-130 concurrently with your I-485. If married to a USC, your status can lapse as long as you originally eneterd legally. There are other permutations but they don't seem to apply to your situation.

If you marry an LPR you probably won't be in status long enough to file an I-485 (unless you get your employment visa fixed).
 
K-1 is a visa for a Fiance (e) of a US citizen.
K-2 is a derivative visa for the dependent children of Fiance (e) or of a US citizen if there is any.
K-3 is a visa for a spouse of a US citizen is only issued if I-130 is not approved at the time of issuance.
K-4 is a derivative visa for the dependent children of spouse or of US Citizen and is issued only if a I-130 is not approved.

None of these will be available to you in your situation.
 
My bad, I didn't mean K-4, I meant a spouse visa.
Why none of these would be available to me if I got married a USC?
 
As the spouse of a USC is the U.S., he files an I-130 for your as his wife and you file for adjustment of status (concurrent I-485). That will be a CR-6 visa. K's are filed for people who are abroad and the form is I-129F.
 
Alright, how long does it take to get the visa following marriage and will I have work authorization?
 
Could be 3 months just for the EAD, GC will take more months.
 
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