H1B getting married to US Citizen - need advice

[Sofiaan]

I'm currently in the US on an H1B although my employer recently terminated me a couple weeks ago. My fiance is a US Citizen and I have been planning on getting married for a year, but have been unable due to family constraints. Technically, I'm currently out of status until I can find a new employer which I'm in the process of trying to do very quickly.

Am I allowed to get married in my current status/out of status state, and am I able to file the necessary forms for conditional permanent residence and subsequently work any job of my choosing? Do I use form I-485 to change status even if I'm temporarily not working, and if I do get a new employer/h1b sponsor, then will I have to do a new I-129 petition for the new employer in adition to changing the status with I-485? What other forms will I need? I'm very confused about this as you can tell!

If I don't get the new sponsor, is there any option other than leaving the country and then getting back to my fiance with a K1 visa to marry? Any help would be appreciated. Thanks.

 

[Ashin2]

Hi there,

First of all, don't panic!

You should get married right away if possible.. Once you become a spouse of USC, you can file for Adjustment of status as his wife (immediate relative). You can get more info on filing I-130, I-485, I-765 using www.uscis.gov.

Once you have filed your application, your status becomes AOS pending, meaning you can stay here.Once you get your EAD (I-765 approved), you can work for any employer. If you file for advance parole, this document allows you to travel when the case is pending.

The USCIS webpage has more info on all the forms you need to file. Its called I-485 package.

This route will be the faster route to getting a GC versus the employment based. You can file it yourself , if you are careful in supplying all the details and documents. Your overstay or staying after your employment is terminated is forgiven if you are married to US citizen.

Good luck. I hope it helps. May be others can also give you more helpful advice.

 

[Sofiaan]

Thank you Ashin. That is very helpful and yes I've been panicking. So, do I file all three of those forms (in addition to the biographical data G-325A form) together at the same time? Also, Should I file the Advanced Parole form simultaneously since it would be nice to travel especially if it takes a long time to process? How long does it take to get the I-765 approval generally? I will need to work ASAP.

I remember the I-485 package you speak of that I saw on the USCIS site some time ago. However, I can no longer find it since their most recent update of the website. (UPDATE: I found a copy of the package on a mirror of the old USCIS website here: http://149.101.23.2/graphics/formsfee/forms/i-485.htm) Thanks!

 

[pianoplayer]

Thank you Ashin. That is very helpful and yes I've been panicking. So, do I file all three of those forms (in addition to the biographical data G-325A form) together at the same time? Also, Should I file the Advanced Parole form simultaneously since it would be nice to travel especially if it takes a long time to process? How long does it take to get the I-765 approval generally? I will need to work ASAP.

I remember the I-485 package you speak of that I saw on the USCIS site some time ago. However, I can no longer find it since their most recent update of the website. (UPDATE: I found a copy of the package on a mirror of the old USCIS website here: http://149.101.23.2/graphics/formsfee/forms/i-485.htm) Thanks!

Hi:

Follow Ashin's general advice above. When you file those forms, read the instructions carefully and submit all other forms/documents required by the primary forms.

I would be careful with travelling on AP since you are already out of status. I don't know how long you have been out of status.

 

[Sofiaan]

Hi:

Follow Ashin's general advice above. When you file those forms, read the instructions carefully and submit all other forms/documents required by the primary forms.

I would be careful with travelling on AP since you are already out of status. I don't know how long you have been out of status.

Hi Piano,

I appreciate the advice and intend to thoroughly read the instructions. I have only been out of status for 2 weeks now so I don't think the DHS would have even processed my termination yet, but I am still worried.

A new prospective employer is willing to sponsor me but they haven't made an offer yet. Even if they do, I would rather not file the H1B docs as well as the Family immigration docs since it would take a lot longer I imagine. Any other useful information would be great. Thanks everyone.

 

[Sofiaan]

Also, is it necessary for my fiance to file an affidavit of support doc (I-864) especially if I will be working on an EOD or do they require the I-864 prior to I-765 approval? Up until my layoff, I was supporting my fiance so her affidavit probably won't help.

 

[pianoplayer]

Also, is it necessary for my fiance to file an affidavit of support doc (I-864) especially if I will be working on an EOD or do they require the I-864 prior to I-765 approval? Up until my layoff, I was supporting my fiance so her affidavit probably won't help.

Hi:

I am responding jointly to your two posts above.

With some exceptions (e.g. when admitted D/S), out-of-status time starts to accrue regardless of an official determination of such. Two weeks would not likely be a problem with AP, but the closer to 180 days you get, the more risky it will get. DO NOT TRAVEL with 180 days or more of overstay.

It is theoretically possible to file H1B and AOS at the same time - but if you are planning to pursue family-based AOS, I don't see why.

You will need to have an I864 filed by your spouse in most cases. You cannot use your future EAD to satisfy the requirements. If your spouse does not make sufficient money, there are other ways, e.g. using your income (but you have just been terminated?), getting a joint sponsor etc. Read I864 requirements carefully.

 

[Sofiaan]

Hi:

I am responding jointly to your two posts above.

With some exceptions (e.g. when admitted D/S), out-of-status time starts to accrue regardless of an official determination of such. Two weeks would not likely be a problem with AP, but the closer to 180 days you get, the more risky it will get. DO NOT TRAVEL with 180 days or more of overstay.

It is theoretically possible to file H1B and AOS at the same time - but if you are planning to pursue family-based AOS, I don't see why.

You will need to have an I864 filed by your spouse in most cases. You cannot use your future EAD to satisfy the requirements. If your spouse does not make sufficient money, there are other ways, e.g. using your income (but you have just been terminated?), getting a joint sponsor etc. Read I864 requirements carefully.

Thanks very much again. Yes, the reason that I would consider doing the H1B (If I get this new job offer/sponsor) and AOS simultaneously would be to use my income for the affidavit rather than my spouse's. However, I will now read the I-864 very carefully to look into the joint sponsor you mentioned. I imagine that the H1B in conjunction with the family petition would then take longer and potentially confuse the DHS. I want to make it as easy as possible to remain here legally in the shortest amount of processing time with the gov.

 

[pianoplayer]

Thanks very much again. Yes, the reason that I would consider doing the H1B (If I get this new job offer/sponsor) and AOS simultaneously would be to use my income for the affidavit rather than my spouse's. However, I will now read the I-864 very carefully to look into the joint sponsor you mentioned. I imagine that the H1B in conjunction with the family petition would then take longer and potentially confuse the DHS. I want to make it as easy as possible to remain here legally in the shortest amount of processing time with the gov.

Hi:

You are welcome. The simplest way would probably be asking your mother/father-in-law or a family relative of your spouse. However, theoretically, a joint sponsor can be any US citizen or permanent resident domiciled in the US.

If you go this route, your spouse will still submit an I864, although an "insufficient" one. The joint sponsor will file an additional I864.

 

[Sofiaan]

Hi:

You are welcome. The simplest way would probably be asking your mother/father-in-law or a family relative of your spouse. However, theoretically, a joint sponsor can be any US citizen or permanent resident domiciled in the US.

If you go this route, your spouse will still submit an I864, although an "insufficient" one. The joint sponsor will file an additional I864.

It is a pleasure conversing with you . I read through the I-864 and yes, I saw that any US citizen could be a joint sponsor. I was thinking about my mother-in-law also and I think she would be quite willing. That is great advice thanks!

Additionally, I might be getting an H1B sponsor with a job interview this next weekend so I'm keeping my fingers crossed. That way, I can show my income on the affidavit when the time comes.

My trouble with going solely the family route at the moment is that we're physically in two different places since my fiance is looking after an ill family member. I was supporting us remotely since I cannot stay with the family member too. Having the H1B was convenient for the time but it sucks now! Thanks once again for all your help.