Married to USC - EAD time line, am I cutting too close?

A

AmitD

Registered Users (C)
Hi,

I live in Ohio, and am getting married to a USC around June and then planning to file for my GC through her, around mid July 2007. I am currently on H1 and it expires (6 years) on the 11th of November 2007. I want to leave my employer and look for other jobs. Now, my question is

1. Can I apply for my GC(/EAD?) and get an approved EAD card before my H1 expires and work for a different employer?
2. Between applying for the GC and my H1 expiring, I have only about 3 and half months. You guys think I will be able to get an approved EAD making me eligible to work for a different employer ? Or you guys think I am cutting it too close ? I really don't want my employer to apply for an extension for my H1, coz I don't want to work for him.

- Thanks
 
You can always move up your civil marriage by a few months and get the AOS rolling. In July you can go for the religious/ceremonial wedding as planned.
 
I was thinking of moving it up to April, but I am leaving the country (in June) after getting married here and do the religious wedding in my home country, and then apply for the GC after I return. I read somewhere on the forums here that I should apply for my GC after I return since it is not advisable to get married here, apply for the GC, leave the country and re-enter.

- Thanks
 
it is currently taking about 75-90 days to get EAD when you file a family petition. so, you technically would have enough time! but you never know if complications come up, like getting the medical done and getting all of your required documents together on time. My H1B>EAD will be cut close because I chose to get married when I wanted to, not what would happen with USCIS. I wanted my day to be special and not rushed for immigration purposes-it just depends.
 
Just maintain your H-1B status and you should not have any issues re-entering.

AmitD said:
I read somewhere on the forums here that I should apply for my GC after I return since it is not advisable to get married here, apply for the GC, leave the country and re-enter.
Click to expand...
 
Giving yourself 3 months to get an EAD might be cutting it close, especially as they no longer issue interim EADs when the EAD is past the 90 day mark. EADs do tend to take 90 days, but that can be delayed by any "requests for evidence" that you receive from USCIS.

I did what you're doing and got away with it (my EAD came 10 days before my H-1B expired), but I don't know I'd suggest it to anyone else!
 
I see .. Thanks for the inputs guys.

Like I said, I can pull the wedding date to around April, I am just concerned about applying for GC and then leaving the country for a good 25 days in June.
 
As long as your H-1B is valid its not an issue, in terms of travel. However being out of touch with your mail for 25 days after filing AOS might be an issue.
 
Thanks dr.

dr_lha said:
However being out of touch with your mail for 25 days after filing AOS might be an issue.
Click to expand...

Maybe I could apply just couple days before I leave. I will be back in 25 days. I would think with the works of INS not much will happen in 25 days of applying, right ? Well, I mean anything significant for me to take any action against. Even if it does, I should be just in time, becasue I would assume they will take a week to go through the documents I sent and then anything they want me to do, they will give me another couple weeks. Am I calculating right .. ?

-Thanks
 
you will get receipts and notice of action dates within about 1 week of filing-the big issue is that also about 2 weeks after you notices come, you will get an notice to appear for your fingerprints / photo /signature. sometimes you get far enough advance notice. example-I got my finger print notice Dec.28th and my appt was Jan. 19th. you don't want to come home and find out you have a problem with the date they gave you or even worse, that you have missed you appt. some peoples' notices are very short notice. plus if they also ask for any more evidence that is crucial to your processing, you wont be able to respond and that will definitely delay your case.
 
I see. I am thinking of getting all my documents prepared and then have one of my friends drop the application and documents around mid June. That way I will be coming back in about 10 days after dropping the application and won't be too far in meeting any time lines that they have asked for. Also, that should give me about 4 and half months before my visa expires. Its probably still cutting close, but that way I can manage to squeeze in an additional month. Lets see how things work out .. Sounds good ?

Another small question, is the Birth certificate a required document ? What is the alternative, coz I don't have one. Anyone knows how I can get one here in the States?

- Thanks
 
you will definitely need your birth certificate for filing as does your USC husband because he has to prove his citizenship. what country are you from? I am only familar with getting birth certificates from Canada. it does explain on the 485 form alternatives to birth certificates, I believe. note that getting birth certificates can sometimes be a lengthy process. When I submitted my birth certificate I submitted my card and long form.
 
I am assuming India issues birth certificates-would anyone in your family happen to have yours or get one for you?
 
catjupp said:
I am assuming India issues birth certificates-would anyone in your family happen to have yours or get one for you?
Click to expand...

Apparently, they don't have one. So now my dad's going to try and get one from the municipal corporation. Wonder how long thats going to take ...

Thanks catjupp :)
 
You must log in or register to reply here.
Top