Marry a US citizen to get GC

S

Spanishtraveler

Registered Users (C)
My situation is kind of complicated so I'd appreciate any comments. Hopefully your anwers will also help others with similar situations. Thanks in advance for the patience and help!

After I graduated from a US university(F1 visa) my company filed for my H1b while I was here in the US (approved in September of 2002). However, I never left the US to get a stamp in my passport, and now I'm afraid of taking the risk of going to Canada(I'm from Spain), since the application was approved such a long time ago, and I would be a third country applicant in Canada.
On the other hand, my fiance is a US citizen, and we were wondering if getting married while we are in the US would get me a GC right away. If so, I wouldn't worry about going to Canada for my stamp.

The questions that I have regarding the marriage option are:
1. How and when do we apply?
2. Is the GC guaranted or can it be rejected?
3. Can I travel outside the US (and re-enter)as soon as I apply?(Traveling is the main reason why a want to the H1 stamp or the GC)
4. Can I keep working with my H1 or should I tell my company about the marriage and the application for a GC?
5. Would this procedure be faster than if my employer files for my GC?

Thank you very much
 
First of all, I'm not a lawyer.

Spanishtraveler -- as long as you weren't out-of-status or did anything illegal, there should be no problems, either with H1 stamping or GC.

As you have a US degree, GC stamping in Canada shouldn't be a problem. They basically need clear proof that you qualify for the H1 and no case complications. If your can cover your stay from the day you first entered US, till present by showing valid proof of status like I-20, OPT, H1B approvals etc, you shouldn't have any problem.

Your marriage based GC should be much faster than employment based GC as latter will (likely) need labor certification which is a slow process.

You can be on H1 while simultaneously applying for GC via marriage. That's probably the best option for you, and will cover you in the case that your GC runs into trouble.

Technically, your company doesn't need to know about your GC application via marriage until GC is approved. When GC is approved, your H1 automatically terminates, and hence they'll need to know. But unless you have a reason not to tell, it's probably in your best interest to keep your company lawyers up to date. If the company lawyer represents you (and not just the company), you may be able to tell the lawyers but not the company.

> How and when do we apply?
Check other forums for How question. Apply as soon as you get married, and with a good competent lawyer [ie, Rajiv Khanna].

>Is the GC guaranted or can it be rejected?
Nothing with BCIS is guaranteed. But unless you have been out of status or have some other complication like that, there should be no reason to worry. Most people depend on employer for being in US and as basis for GC. It's nice you have your fiance as another way to be in US and so, in general, you are lot safer than most people out there.

> Can I travel outside the US (and re-enter)as soon as I apply?
You will need Advance Parole to travel. That can take several months, so you're probably better off using your H1B.

> Can I keep working with my H1 or should I tell my company about
> the marriage and the application for a GC?
It's probably a good idea to let the company lawyers know that you've applied for GC but wish to continue with H1B. I don't think they'll ask for more details.

> Would this procedure be faster than if my employer files for my GC?
Unless you are in "extraordinary ability" category or something, is is likely faster to go via marriage based GC. GC will bind you for several years to the basis of applying [Marriage or Job]. Be sure you really love your finace or job before applying for a GC.. :D

Don't worry so much!
~T
 
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Thanks a lot for your reply
One more question: Could I go to Canada to get my H1 stamped, and if rejected, come back as a tourist (don't need visa), and still keep working? As far as I know, nobody could tell the difference.

My first idea was to go to Canada and get the stamp, and if it was denied, marry my fiancee and re-enter inmediatly to keep working based on the marriage. However your reply indicates that marrying and being able to work in the US don't happen simultaneously.

Anyhow, it looks like I should go to Canada and get my visa stamped, and not worry so much about it being denied. As you said, I have a US degree, have never been out of status, and all the paper work is ok.....I can't help it, I worry too much since the risk is high :confused:
Thanks again!
 
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