H1-B marriage to a US Citizen

You don't understand; this isn't a case of discretionary forgiveness by USCIS. USCIS is legally prohibited from denying your adjustment because you were out of status - it doesn't matter how long it was for, or whether you had a plan or not.

What if a hypothetical out of status person's marriage fails and he or she then decides to apply for LPR based on employment instead?
 
What if a hypothetical out of status person's marriage fails and he or she then decides to apply for LPR based on employment instead?

Then you're no longer adjusting based on marriage to a USC, and it becomes totally different.

There are different forms of relief available to adjustees depending on their category, priority date, etc. All I'm saying is that if one is adjusting based on marriage to a US citizen, being out of status cannot be used to deny the adjustment, no matter how long it was for.
 
Hi All,
Thank you for your answers to my previous questions.
I have 2 questions on affidavit of support that my souse is suppose to answer.
I have h1B visa married to a USC.
1)Question 8th of affidavit asks: If the person is depend on you. wholly dependenth or Partially dependenth.
Since I work what would be the answer?

2)Question 11 asks: I intend do not intend to make specific contribution to that person.
What the answer should be? We are a couple and I am confused.

Please help.
Thank you
 
thanks,please i need advise,i have being dating this lady for over 2 years,and we should be getting married when i come to Canada,but she is a Us citizen,what do u advice,i love her and vice versa,but the US laws are getting tougher,how do we process necessary details since i will be in Canada,any body with useful information should please help.Thanks.
 
Man stop posting the same thing and do some research. In other forums you would be called a "leecher" someone who just sucks blood (or knowledge) and gives nothing back.

Have the decency of at least read the "Sticky" threads and do a little homework, then come back with specific questions.

Sigh... LucyMo do you thing.
 
Temporary Green card

Hi,

I am married to a US citizen for 10 months. My status is H1 visa with pending I140. I applied for Green card last week through my husband.
My Question is:

Is my future greencard a temporary (conditional) one?

Please advise.
Thank you
 
All Green Cards are temporary (2 or 10 years).

You usually receive a non-conditional one when you have been married for longer than 2 years. In your case, you have not. So your case very likely will be awarded with a conditional residency (2 years) and after that time, you will remove the conditions (i-751) and get an 10 years Green Card.
 
H1B married to almost USC:)

I'm taking Oath for USC on Aug 8th.
My spouse is on H-1B.
We filed and got our I-130 approved while still on GC.
After I get my naturalization certificate we intend to upgrade our category for family based green cards to relative of USC and also file for I-485 (Adjustment of status) and I-756(Work Authorization).

We live in the Dallas are and need to go thru the DORA(Dallas Office Rapid Action) program.

Has anyone been in a similar situation? Any timelines ?Experiences?Suggestions?

This thread has been extremely informative. The timelines posted make me very optimistic ...thanks to all contributors.
 
Are you filing I-864EZ? The regular I-864 doesnt have the questions u are mentioning.

Hi All,
Thank you for your answers to my previous questions.
I have 2 questions on affidavit of support that my souse is suppose to answer.
I have h1B visa married to a USC.
1)Question 8th of affidavit asks: If the person is depend on you. wholly dependenth or Partially dependenth.
Since I work what would be the answer?

2)Question 11 asks: I intend do not intend to make specific contribution to that person.
What the answer should be? We are a couple and I am confused.

Please help.
Thank you
 
What is next after I130 approval??

Hello Friends,

I just received an email form USCIS. My I 130 has been approved.
What is the next step after I130 gets approved. Do they set up an interview when they send the approval notice?


Applied I130-1485-EAD on june 9
First finger print on July 1
Second FP on July 20
I130 Approval on Auguest 22
 
Why I Hate Immigration

First let me say that just becuase I am a US Marine I do not beleive I am entitled to anything more than anyone else. However if I can risk my life for my country and stand in front of the junior Marines I lead in a war (which i have done x2 deployments) than the motivation for why I fight for our freedom, my wife, deserves to stay here legally. I initally contacted the so called customer service center. I do not know why they call it customer service becuase no real service ever happens on those phone calls. I contacted them becuase I did not trust USCIS after reading and hearing all these horror stories. I was right. I was told me wife who is here legally til Sept on a J 1 Visa was going to be deported, then I heard she could stay, I heard everything. Thats what happens when the Goverment hires people with GED's and lesser degrees. I understand that part. So then we proceeded to take off work to go to the Washington field office to talk to a real live immigration office! What a delight that was! She was all attitude in between every chomp of her BigMac, which from what I could see wasnt the first one she had ever had. She gave us all the required forms. I 485, I190 I325. However to my dismay when we began filling them out they were all expired forms! Luckily my base legal office gave us the right ones and we filed them. I included a note that I need the process expedited and for good reason. I need to reenlist in the USMC so that way I can stay in the fight. It is in our ethos, Semper Fidelis. However unless my wife can become legal I can not do that becuase what if I deploy I need her to come with me, or im not here and she gets deported. Not to mention we have a new born, and my wife can not get a license to take him to drs appointments b/s shes not legal! We even sent it priority mail. I did this so that I could force USCIS to do something that I must on a daily basis. That is BE ACCOUNTABLE. If I am not accountable and my Marines are not accountable to me.... we die. However USCIS still fudged that up. They didnt sign for the package and all the Post office can do is assure me they have it. But of course inbetween the 3 packages they do a day in between their stuffing their face with Cheetos and playing solitaire I stilla month later have no reciept # so that my Senators offices, who empathize with me, can expedite it. My senators office needs to the receipt # so that way they can track it and have it sent to the local field office for expedition. In between all the fat mildly retarded Immigration officers, the red tape and the bullshit, I have grown to hate USCIS. They are part of the Department of Homeland Security. What makes our Homeland more secure besides the men and women who are sacrificing their lives for our freedom, in other words me? In conclusion I found a paper Dr Emilio T Gonzalez, head of USCIS wrote. It is all about how he feels Military claims should be expedited b/c he was in the army and he understands, yada yada yada. Hey Dr. Gonzalez, Im throwing up the bullshit flag on that one buddy. That paper may of gotten you the job and a standing ovation and some black tie dinner you gave it at, but here in the real world the rest of us know your full of caca. Semper Fidelis, keep fighting immigration, theres many battlefields and many warriors, and I am a warrior on the same battlefield as the rest of you. Good luck in all future endeavors.
 
Why I Hate Immigration

First let me say that just becuase I am a US Marine I do not beleive I am entitled to anything more than anyone else. However if I can risk my life for my country and stand in front of the junior Marines I lead in a war (which i have done x2 deployments) than the motivation for why I fight for our freedom, my wife, deserves to stay here legally. I initally contacted the so called customer service center. I do not know why they call it customer service becuase no real service ever happens on those phone calls. I contacted them becuase I did not trust USCIS after reading and hearing all these horror stories. I was right. I was told me wife who is here legally til Sept on a J 1 Visa was going to be deported, then I heard she could stay, I heard everything. Thats what happens when the Goverment hires people with GED's and lesser degrees. I understand that part. So then we proceeded to take off work to go to the Washington field office to talk to a real live immigration office! What a delight that was! She was all attitude in between every chomp of her BigMac, which from what I could see wasnt the first one she had ever had. She gave us all the required forms. I 485, I190 I325. However to my dismay when we began filling them out they were all expired forms! Luckily my base legal office gave us the right ones and we filed them. I included a note that I need the process expedited and for good reason. I need to reenlist in the USMC so that way I can stay in the fight. It is in our ethos, Semper Fidelis. However unless my wife can become legal I can not do that becuase what if I deploy I need her to come with me, or im not here and she gets deported. Not to mention we have a new born, and my wife can not get a license to take him to drs appointments b/s shes not legal! We even sent it priority mail. I did this so that I could force USCIS to do something that I must on a daily basis. That is BE ACCOUNTABLE. If I am not accountable and my Marines are not accountable to me.... we die. However USCIS still fudged that up. They didnt sign for the package and all the Post office can do is assure me they have it. But of course inbetween the 3 packages they do a day in between their stuffing their face with Cheetos and playing solitaire I stilla month later have no reciept # so that my Senators offices, who empathize with me, can expedite it. My senators office needs to the receipt # so that way they can track it and have it sent to the local field office for expedition. In between all the fat mildly retarded Immigration officers, the red tape and the bullshit, I have grown to hate USCIS. They are part of the Department of Homeland Security. What makes our Homeland more secure besides the men and women who are sacrificing their lives for our freedom, in other words me? In conclusion I found a paper Dr Emilio T Gonzalez, head of USCIS wrote. It is all about how he feels Military claims should be expedited b/c he was in the army and he understands, yada yada yada. Hey Dr. Gonzalez, Im throwing up the bullshit flag on that one buddy. That paper may of gotten you the job and a standing ovation and some black tie dinner you gave it at, but here in the real world the rest of us know your full of caca. Semper Fidelis, keep fighting immigration, theres many battlefields and many warriors, and I am a warrior on the same battlefield as the rest of you. Good luck in all future endeavors.:cool:
 
Some people (specially some USC) seem to believe that everyone owes them something... see it all the time at Government Agencies. USCIS, SSA, DMV, etc.

Some dude, comes in and demands this and that. When seeking a benefit, one must play by the rules.
 
Hi Can i add a situation id like advice to on this thread?

Im being terminated from my current role on a h1b visa. The leave date is 9/16. I was planning to marry my USC in a ceremony by the end of the year but this has preempted a visit to NYC city hall and then have a ceremony/party later in the year.

Q1 If we do city hall this week and file the initial documents will i be able claim unemployment or will this raise flags and i should not bother going there...?

Q2 Whilst waiting for my EAD am i allowed to work during those 90 days prior to the document arriving?

Any thoughts or help will be appreciated.

Cheers. (Yes a Brit)
 
If we do city hall this week and file the initial documents will i be able claim unemployment or will this raise flags and i should not bother going there...?

You can only collect UI if you are available and ready to work, and that means having employment authorization. No EAD, no UI.

Whilst waiting for my EAD am i allowed to work during those 90 days prior to the document arriving?

No.
 
You can only collect UI if you are available and ready to work, and that means having employment authorization. No EAD, no UI.
I don't think so. She is eligible to collect unemployment, because she has been paying for it in her current position.

to NYC-Nigel,

unemployment payments have nothing to do with the public benefits. Collecting it will not raise any red flags. Now, if you go on welfare - it will (but you are ineligible for welfare anyway).
 
Sorry little bit confused now. She is the USC and she has a FT job with no issues. He is me, the johnny foreigner who has also been paying into the unemployment insurance or whatever its called during my h1b job.
 
He is eligible to collect unemployment, because he has been paying for it in her current position.

Whether you (or your employer) contribute to UI is only one part of the equation; you must also be "able to work". You cannot get UI if you are not looking or physically capable of working even if you are a US citizen; additionally, if you do not have employment authorization you also cannot collect.
 
Whether you (or your employer) contribute to UI is only one part of the equation; you must also be "able to work". You cannot get UI if you are not looking or physically capable of working even if you are a US citizen; additionally, if you do not have employment authorization you also cannot collect.

But if i had the EAD id be able to?
 
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