Question for Mr. Mills or/and other experts, please help

[Sahin]

Hello,
I appreciate your help in this forum. Would you please suggest me what should I do reading my situation below??


I am no H1B right now, I never had H1B visa stamp as the way I got converted from F1 to H1B. I have my F1 Visa still valid, but I cannot use it anymore as they way I am on H1B now. My fiancee living in Bangladesh. I have to get married within december 2002.
From my country, it is taking more 8 weeks to issue Non Immigrant VISA for male due to security checking. Two of my friends are stucked in Bangladesh for almost 11 weeks, still they did not get the clearance even though Consular approve their application. One of them about to loose his job due to abnromal delay. Now, I am scared what should I do? People are saying wait little more things will get better. But what I see is things are getting worse. It used to be only 3 weeks couple months back.


Also, my company filed I-485 for me on Sept 13 of this year. My FP is secheduled on next month.

Now, I really dont kno what should I do. I am thinking to travel on AP, get married and do her follow-to-join. But this is not the best choice. What I saw from people experience, follow to join is a very frustrating and lengthy procedure.

I was thinking to try her for vistor visa for Canada, then we will get married in Canada, and she will apply for H4 then. However, my lawer says that now consular are requiring primary applicant H1 visa stamp in the passport to approve H4 visa for spouse what does not make sense to me at all. I came in this country as F1 and got converted to H1b. I never been out of status. Now, if I need to have H1B visa stamp to enable my wife get her H4 visa, then It is very frustrating. I don't know hpw to deal with that.

Please provide me some suggestions. Alsogive me some light about Consulate in Dhaka, Bangladesh if you are aware about some facts.


Thanks in advance.


PS. Practice in Dhaka consulate in Bagladesh is diffrent in lot of cases than any consulates in India

 

[Jim Mills]

Sahin,

I would advise you to speak to your attorney about the possibility of going back to Bangladesm getting married, and then having her try to get an H-4 (yes, I've heard the same rumour and it makes no sense to me either). You could reenter on your AP. You could also try to arrange an appointment with the consulate in Canada for H-1 stamping prior to marriage and then you would not have as big a problem. There are several ways to consider but the most important thing is for you to be married before you obtain a GC since a Follow to Join (although not as convenient and quick as having her enter on an H-4) is still FAR faster than having to file a separate application for her as the spouse of a GC holder (you'll be waiting years).

The options and variables are too great to adequately address this way. You really need to speak with your attorney in detail about this since you will really regret it if your GC gets approved while you are still not married.

 

[Sahin]

Thank you Mr. Mills

Mr. Mills,
Thank you for your advice. We are gonna get married in the middle of January hopefully. I have already talkd to my lawer, and will talk more about this issue. Regardless anyhting, I will get married before my GC get aprroved for sure. I hope it wont be approved by the mid of january 2003 as the way it will be only only 4.5 months by then for my I485 petition.


I appreciate your help.


Thanks once again.