Help: H1 to GC through marriage!!!

[simon177]

I am on H1B visa. My fiancee will be US citizen next month. However, I have some problem with my H1B, my employer is not paying me, since they could not find a project for me so far. As a result, I am facing huge financial problem. If I get married after my gf become citizen (probably next month), how long it will take for me to get the work permit at least? Also, when I apply for my papers through my wife do I have to show pay stubs to proof my legal status(Since I don’t have any pay stub)? The only thing I have is the photocopy of H1B approval notice. I also want to quit my job ASAP, so that I can start earning. I can’t quit now from my job even though they not paying because I have to keep employee-employer relationship. So, My last question is how quick I can quit from my current job and start working by my own?

 

[LucyMO]

once your wife becomes a USC, you can file for AOS and AOS work permit. It will take anywhere from 1.5 months to 3 months to get your work permit. You do not have to provide pay stubs to prove your legal status here. As a matter of fact, you can be illegal and it will be forgiven in the case of marriage to USC.

 

[simon177]

Hi LucyMO,
If I quit from this job(!!!), my employer will inform INS/BCIS. In that INS will not deport me? or tell me to leave?

I also have another question. If I apply after my wife become citizen, Can I file by myself(H1 to GC)? Or I should go throgh a lawyer? If I can file by myself what forms I need?


Thanks for ur help.

 

[amishah]

Hi LucyMO,
If I quit from this job(!!!), my employer will inform INS/BCIS. In that INS will not deport me? or tell me to leave?

I also have another question. If I apply after my wife become citizen, Can I file by myself(H1 to GC)? Or I should go throgh a lawyer? If I can file by myself what forms I need?


Thanks for ur help.

You won't be deported as you will be on AOS status. If the case is straight forward and the marriage is in good faith, you can file by yourself. check out the USCIS website for forms list. Search in this forum you will find plenty of information on cases like yours.