US Citizen filing for spouse GC

[burnermusic]

I am a naturalized US citizen (in 2008). I am dating a girl who is an Indian citizen but in the US on H1B. She will have 6 years of H1B completed in Feb 2014.

I have a couple of questions in a situation that we get married before Feb 2014

1. Can we apply for I-130 and I-485 at the same time?

2. What will be the approximate processing times for I-130 and I-485 respectively (both of us live in the San Francisco bay area)?

3. Will she have to leave the country in the mean time? Can she leave the country and re-enter in the mean time?

4. If the I-485 doesn’t get approved by Feb 2014, will she have to quit her job?

5. If we get a prenuptial agreement done, will it be an issue for either I-130 / I-485?

6. Will it be better to get a K1 visa and then apply for I-130/I485?

7. What are the timelines for a K1 visa?

Appreciate your response.

Thanks a ton!

 

[newacct]

1. yes
2. maybe 3 months, could be longer
3. No. As long as I-485 is pending, she is authorized to stay in the U.S. Leaving the U.S. would automatically abandon her I-485.
4. She should apply for EAD and AP at the same time as I-485. However, those take about 2.5 months to get. After her H1b status expires, and before she gets an EAD, she is technically not authorized to work.
5. no
6. No. It would make no sense. A visa is for entering the U.S. The K1 is a visa for fiances outside the U.S. to enter in order to marry and do adjustment of status. She is already in the U.S.; she doesn't need to "enter". She can marry and do adjustment of status already, at any time.

 

[burnermusic]

Thanks

1. yes
2. maybe 3 months, could be longer
3. No. As long as I-485 is pending, she is authorized to stay in the U.S. Leaving the U.S. would automatically abandon her I-485.
4. She should apply for EAD and AP at the same time as I-485. However, those take about 2.5 months to get. After her H1b status expires, and before she gets an EAD, she is technically not authorized to work.
5. no
6. No. It would make no sense. A visa is for entering the U.S. The K1 is a visa for fiances outside the U.S. to enter in order to marry and do adjustment of status. She is already in the U.S.; she doesn't need to "enter". She can marry and do adjustment of status already, at any time.

Thanks!

 

[Jackolantern]

3. Will she have to leave the country in the mean time? Can she leave the country and re-enter in the mean time?

She can leave the US while the I-485 is pending if she has an approved Advance Parole. But the AP takes some 2-3 months to be approved. However if her H1B is still unexpired (and she's still holding the job) when she leaves and reenters the US, she can use the H1B to travel without Advance Parole.

Note that she would have to stop working if her H1B status expires before her EAD or GC is approved. But that doesn't mean she'd have to permanently quit the job; temporary unpaid leave is OK if the employer agrees to it.

 

[bravocharli]

I have read the bullet points and i completely agree with you. Thank you for sharing your thoughts. Your article shows tells me you must have a lot of background in this topic.