When to file I-130 after spouse citizenship or when on PR

[lovelylady]

Hi all,

Here are some details about my case:

My current visa status : F1 OPT ( expiry Dec 2012 )

I am Employed with Employer A

Employer A has filed for H1 for FY2013 ( case pending with USCIS )

My fiance

Visa Status : PR via work ( Aug 2008 )

Eligible to file N-400 in May 2013

Estimated citizenship date : Sep 2013


I work in the Bay area in CA while he works in Boston MA.


If my H1 B visa is approved , we are planning to marry in Oct/Nov 2012.

If my H1B is not approved, I am planning to continue on F1 and move to Boston and marry after he obtains his citizenship.


Here are some questions:

If my H1 B visa is approved, and we end up marrying in Oct/Nov 2012, I understand that we can file I-130 the first step towards my green card.

But here is the problem. As I work in the Bay area in CA while he works in Boston MA,

our addresses are different and we need to have a long distance relationship till the day he gets his citizenship and file I-485 for me.

Will USCIS consider this as a genuine marriage and approve my I-130 with different addresses if I file soon after our marriage in Oct /Nov 2012?

I mean we are not living together !@#

OR

Is it a better Idea to file I-130 and I-485 together after he gets his citizenship.



Are there any other cons or risks if I file -130 and I-485 together after he gets his citizenship ?

 

[BigJoe5]

Hi all,

Here are some details about my case:

My current visa status : F1 OPT ( expiry Dec 2012 )

I am Employed with Employer A

Employer A has filed for H1 for FY2013 ( case pending with USCIS )

My fiance

Visa Status : PR via work ( Aug 2008 )

Eligible to file N-400 in May 2013

Estimated citizenship date : Sep 2013


I work in the Bay area in CA while he works in Boston MA.


If my H1 B visa is approved , we are planning to marry in Oct/Nov 2012.

If my H1B is not approved, I am planning to continue on F1 and move to Boston and marry after he obtains his citizenship.


Here are some questions:

If my H1 B visa is approved, and we end up marrying in Oct/Nov 2012, I understand that we can file I-130 the first step towards my green card.

But here is the problem. As I work in the Bay area in CA while he works in Boston MA,

our addresses are different and we need to have a long distance relationship till the day he gets his citizenship and file I-485 for me.

Will USCIS consider this as a genuine marriage and approve my I-130 with different addresses if I file soon after our marriage in Oct /Nov 2012?

I mean we are not living together !@#

OR

Is it a better Idea to file I-130 and I-485 together after he gets his citizenship.



Are there any other cons or risks if I file -130 and I-485 together after he gets his citizenship ?

You could get married today, he could file the I-130 (all by itself) tomorrow, and you still cannot file an I-485 until he naturalizes. LPR spouses have to have a "current" priority date on the Visa Bulletin and its taking ~3 years, I think AND you have to maintain nonimmigrant status until filing the I-485.

As the spouse of a USC, a visa is "immediately available" so concurrent filing of the I-130 and I-485 is the way to go.

You will also file the I-765 and I-131 so you will get a Combo Card (EAD/AP Photo ID).

The only potential problem I can see is IF you don't get the H1-B and are married to a spouse in the U.S., the F-1 option might not work out. BUT, if you don't HAVE to work to survive, you can stay and still file for adjustment when he naturalizes. However, IF you accumulated unlawful presence of 180 days or more, you could not freely travel abroad and return without a waiver that you probably wouldn't qualify for. So, you'd be stuck until you get the greencard. That said, there are worse places to be stuck than the U.S.

IF you do get the H1-B, you will get an EAD soon after filing for adjustment and won't need the H1-B to work legally. You WILL get the EAD when the I-130 and I-485 are concurrently filed (EAD is an "interim benefit" to which you become legally "entitled" once they accept the concurrent filing--for that all you need is proof that you entered lawfully (your I-94, I-20, and/or copy of the right pages in your passport), copy of his natz cert., and your marriage certificate).

 

[lovelylady]

Hi BigJoe,

Thank you very much for you prompt reply !!

I am sorry for the delay and I could not find my own post . I did not receive the e-mail when you have replied.

My H1 application is still pending with USCIS with an RFE