My girlfriend\'s parents brought her to the USA with a temporary visa, 5 years ago. That visa has long been expired. She has never worked and is a college student. She is over the age of eighteen. Can we get married? Or does her illegal status cause that to be impossible. Thanks in advance.
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Marriage
- Thread starter jtwizzl
- Start date
GC Confusion
Dear sir,
I appreciate your help & kindness in advance. I need advice on following situation
My Question
I was employed by a company A on H1b. Lost job in Feb 2001, I had filed for I-140 at this time. Found a job with another company B, with the condition of contract to hire. So I continued on my company A\'s payroll until the new employer B got the H1B approved. Then as promised I joined the new employer B in Aug 2001. Meanwhile company A\'s I-140 got approved in Sept 2001. They promised to continue my GC process. We filed for I-485 with company A, I think on the pretext of future employment . Now I received I-485 receipt in Dec. 2001. What is my position. When would I have to join back company A. Can I now convert my I-485 to company B. Both company A and B have been trying to help. Company B also has started process from scratch. But it is slow here. They said they would advertise for 6 months & then file LCA in Feb 2002 mosly in RIR. What should I really do? What are my options. I am applying for EAD as well based on I-485 reciept. Am I likely to get the GC. OR am i in a mess? My H1B with comany B is valid till May 30 2003. So I have about 1 year & 5 months left on H1b out of 6 years.
Please advice
Thanks
Dear sir,
I appreciate your help & kindness in advance. I need advice on following situation
My Question
I was employed by a company A on H1b. Lost job in Feb 2001, I had filed for I-140 at this time. Found a job with another company B, with the condition of contract to hire. So I continued on my company A\'s payroll until the new employer B got the H1B approved. Then as promised I joined the new employer B in Aug 2001. Meanwhile company A\'s I-140 got approved in Sept 2001. They promised to continue my GC process. We filed for I-485 with company A, I think on the pretext of future employment . Now I received I-485 receipt in Dec. 2001. What is my position. When would I have to join back company A. Can I now convert my I-485 to company B. Both company A and B have been trying to help. Company B also has started process from scratch. But it is slow here. They said they would advertise for 6 months & then file LCA in Feb 2002 mosly in RIR. What should I really do? What are my options. I am applying for EAD as well based on I-485 reciept. Am I likely to get the GC. OR am i in a mess? My H1B with comany B is valid till May 30 2003. So I have about 1 year & 5 months left on H1b out of 6 years.
Please advice
Thanks
Marry -yes, adjust status- perhaps not
You can marry anyone you want.
That does not mean her status can be adjusted.
In fact, your attempt to obtain a marriage license might result
in the discovery of her illegal status, with all due consequences.
If she had been unlawfully present for > 1 year, she would
be subject to 10-year bar after the unlawful presence ended.
If she ever lied she is a USC and in some other cases - lifetime bar. Some exceptions might be possible if you are a USC - consult lawyer.
You can marry anyone you want.
That does not mean her status can be adjusted.
In fact, your attempt to obtain a marriage license might result
in the discovery of her illegal status, with all due consequences.
If she had been unlawfully present for > 1 year, she would
be subject to 10-year bar after the unlawful presence ended.
If she ever lied she is a USC and in some other cases - lifetime bar. Some exceptions might be possible if you are a USC - consult lawyer.
You are probably fine
While you should really consult with an experienced immigration attorney (you only need maybe 30min to discuss the case and the money for a consultation is well invested), from my lay-men\'s point of view, you are probably fine. If you read this board, you\'ll notice that several people are in a similar position to yours. As long as company A offers to hire you back after approval of your GC, you can continue the application through them. If the I485 approval takes longer than 180 days, you can even switch the application over to company B without any problems. In any case, you make your life easier, if you get an EAD (even if it might be advisable to not immediately make use of it; just having the card in case of unexpected emergencies is probably a smart move).
Good luck, but don\'t worry too much -- and please, do talk to an attorney.
While you should really consult with an experienced immigration attorney (you only need maybe 30min to discuss the case and the money for a consultation is well invested), from my lay-men\'s point of view, you are probably fine. If you read this board, you\'ll notice that several people are in a similar position to yours. As long as company A offers to hire you back after approval of your GC, you can continue the application through them. If the I485 approval takes longer than 180 days, you can even switch the application over to company B without any problems. In any case, you make your life easier, if you get an EAD (even if it might be advisable to not immediately make use of it; just having the card in case of unexpected emergencies is probably a smart move).
Good luck, but don\'t worry too much -- and please, do talk to an attorney.
No green card after 4 years and filed adjustment of status
My father has file for my green card 4 years ago. Last May, he acquired his Citizenship and filed for adjustment of status for me. We expected to hear from INS approximately 5 month later, but we\'re still waiting. How long does this process take and why haven\'t I been contacted to receive at least a worker permit??
My father has file for my green card 4 years ago. Last May, he acquired his Citizenship and filed for adjustment of status for me. We expected to hear from INS approximately 5 month later, but we\'re still waiting. How long does this process take and why haven\'t I been contacted to receive at least a worker permit??
marry her and apply for her PR once 245i comes back
You can marry her and should marry her as soon as possible. As Alex mentioned, you have to be careful while registering the marriage. I think there are lot of places where they do not check for the status (las vegas comes to mind). You should find such a place and register your marriage there. Consult a family immigration lawyer. They generally know of these places. If you need referral let me know.
Assuming you are a permanent resident or citizen, you can apply for your spouse\'s PR once 245i comes back. If her parents are permanent resident or citizen they can also apply for your girl friends PR under 245i. I think, 245i has now expired. There was suppose to be a vote to bring it back around the sept 11th. I am not sure what happened to it. There is one catch. If she has left US after being illegally here for 180days there is a 3 years bar (10 years if she stayed for > 1 yr and then left) on getting PR.
hope this helps.
-swm
You can marry her and should marry her as soon as possible. As Alex mentioned, you have to be careful while registering the marriage. I think there are lot of places where they do not check for the status (las vegas comes to mind). You should find such a place and register your marriage there. Consult a family immigration lawyer. They generally know of these places. If you need referral let me know.
Assuming you are a permanent resident or citizen, you can apply for your spouse\'s PR once 245i comes back. If her parents are permanent resident or citizen they can also apply for your girl friends PR under 245i. I think, 245i has now expired. There was suppose to be a vote to bring it back around the sept 11th. I am not sure what happened to it. There is one catch. If she has left US after being illegally here for 180days there is a 3 years bar (10 years if she stayed for > 1 yr and then left) on getting PR.
hope this helps.
-swm
crazy_junky
New Member
I-140 approved. How long can you delay filing I-485??
My I-140 was approved last month (Dec. 2001). My lawyer has asked for some papers to file for the I-485 ASAP. While I appreciate his eagerness over this I would like to delay it as much as possible as I am planning on getting married soon and I would like to get my wife here. She is presently in India.
Please advice on how late into the I-485 processing you can still add on your spouse to it, and at what point after applying for the I-485 does my wife get stuck outside the US.
Should I just hold off till I get married??? Is that possible since there will be such a long gap (6 months) between I-140 and I-485??
PLEASE HELP!!!!
My I-140 was approved last month (Dec. 2001). My lawyer has asked for some papers to file for the I-485 ASAP. While I appreciate his eagerness over this I would like to delay it as much as possible as I am planning on getting married soon and I would like to get my wife here. She is presently in India.
Please advice on how late into the I-485 processing you can still add on your spouse to it, and at what point after applying for the I-485 does my wife get stuck outside the US.
Should I just hold off till I get married??? Is that possible since there will be such a long gap (6 months) between I-140 and I-485??
PLEASE HELP!!!!
how can I get greencard without help of spouse?
I\'ve been married for 8years and lived here the whole time . My spouse will have nothing to do with helping me get my green card. How can I go about getting it without him. Do I need it before I Divorce him, or does it make no difference?
I\'ve been married for 8years and lived here the whole time . My spouse will have nothing to do with helping me get my green card. How can I go about getting it without him. Do I need it before I Divorce him, or does it make no difference?