h4 AOS vs FTJ

danmagaji

danmagaji

Registered Users (C)
My details are:

H1B. Labor Approved June 06, EB2, PD current

Planning to file I-140/I-485 concurrently.

I plan to marry my fiance asap so that i can include her in my AOS application. She is a UK citizen, currently residing in the UK. She cannot join me right now and so rather than try Follow To Join (which takes time?) i am going to do the following [Please let me know of any issues]:

1. Get married asap ofcourse. Can she get married in the US on VWP? Hopefully we can do a civil marriage in NJ quickly - saving us a trip to Las Vegas!

2. She goes back to UK and apply for H4 @ embassy. I guess i have to be there with her 4 her interview?

3. She now comes to the US on H4 and we file her I-485 AOS papers. She leaves back for UK when paper work reaches USCIS. Is 1~2 weeks possible for this?

We have to do this because of her job in the UK and so she can only join me early 2007 and i don't know how long FTJ will take.
 
Best would be to get H4 and you can apply for her AOS here. She can come back anytime if the H4 is valid.
Other options would be if she can come here on visit you can marry her here in court and apply for her and she dont need to go back. But if you go for this option then dont mention her in any forms.

Good Luck.

danmagaji said:
My details are:

H1B. Labor Approved June 06, EB2, PD current

Planning to file I-140/I-485 concurrently.

I plan to marry my fiance asap so that i can include her in my AOS application. She is a UK citizen, currently residing in the UK. She cannot join me right now and so rather than try Follow To Join (which takes time?) i am going to do the following [Please let me know of any issues]:

1. Get married asap ofcourse. Can she get married in the US on VWP? Hopefully we can do a civil marriage in NJ quickly - saving us a trip to Las Vegas!

2. She goes back to UK and apply for H4 @ embassy. I guess i have to be there with her 4 her interview?

3. She now comes to the US on H4 and we file her I-485 AOS papers. She leaves back for UK when paper work reaches USCIS. Is 1~2 weeks possible for this?

We have to do this because of her job in the UK and so she can only join me early 2007 and i don't know how long FTJ will take.
Click to expand...
 
You don't need to be at the embassy with your wife when she goes for her H4 visa interview as long she has all the necessary documents. I don't think it helps in any special way except maybe for moral support for your wife.
 
Thx..... valid point abt moral support.

About qn 3, Is AP required if you travel on an H4? Or is it like an H1 where you can travel on the H1 visa without requiring AP? Since she has to get back to her work, she plans to come here after getting H4 so that we can file her I-485 and then return back to her work/program and come back early 2007.
 
danmagaji said:
1. Get married asap ofcourse. Can she get married in the US on VWP? Hopefully we can do a civil marriage in NJ quickly - saving us a trip to Las Vegas!
Click to expand...
You can marry to her on VWP, but she has to leave before 90 days limit. She can not change status to H4 nor apply for AOS in this case.

3. She now comes to the US on H4 and we file her I-485 AOS papers. She leaves back for UK when paper work reaches USCIS. Is 1~2 weeks possible for this?
Click to expand...
Yes.

AP is not required to travel if she was on H4(and you are on H1 status), but problem is if either of her AOS or your AOS got approved during she was abroad, she can not use H4 to enter.. She has to use AP. So, its better to have AP.
 
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If she is abroad (on H4), can't she be paroled in at the airport?

Also would she require to go for an AOS interview in the US or is that for those who marry a USC?
 
danmagaji said:
If she is abroad (on H4), can't she be paroled in at the airport?
Click to expand...
She can use H4 as long as BOTH of your AOS and her AOS is pending. If AOS of either of you or her got approved, she can not be non-immigrant H4 anymore, and can not use H4 to enter.
Also would she require to go for an AOS interview in the US or is that for those who marry a USC?
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May or may not be.. UCSIS will decide.
 
Ok, so if either of our AOSs get approved and she is outside, how does she come back in since H4 is no longer an option? Will the paper work (conversion) be done at point of entry (airport)?
Thanx
 
danmagaji said:
Ok, so if either of our AOSs get approved and she is outside, how does she come back in since H4 is no longer an option? Will the paper work (conversion) be done at point of entry (airport)?
Thanx
Click to expand...
She can use AP if she had. If she had no plan to get AP, she had better go with CP istead of AOS.
 
My company HR/legal dept says that if she comes in here on H4, we can apply for her AOS and then she can go back to UK. If her petition get approved b4 she returns, she will be paroled in. Is this true (as it is neither FTJ or CP)
 
danmagaji said:
My company HR/legal dept says that if she comes in here on H4, we can apply for her AOS and then she can go back to UK. If her petition get approved b4 she returns, she will be paroled in. Is this true (as it is neither FTJ or CP)
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I'm not clear about "return" part.
If her AOS got approved before she returns to UK, she can be LPR in the US.

If her AOS or your AOS got approved before she returns to the US, she can NOT be H4. If your AOS got approved, you are not H1, therefore her H4 is no longer valid. If her AOS got approved, she can not enter as non-immigrant, therefore she needs AP and she will be paroled as PAROLEE(not with H4).

Unless she definitely wants to go with CP, AP is insurance. she'd better have it.
 
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