Jump to content

VisaJourney.com Logo
Gallery      Form Downloads      Example Forms      Processing Times      Embassy Info      Reviews: Embassy/USCIS & POE      News     Members


Latest VJ Member Visa Approvals - Congratulations!


K & H
IR-1/CR-1 Visa
France
Richard & Madel
K1 Visa
Philippines
blank avatarChristian & Regine
IR-1/CR-1 Visa
Canada
blank avatarDizzy & Lixt
K1 Visa
Canada
Jose & Elvira
K1 Visa
Russia
blank avatar--- & ---
IR-1/CR-1 Visa
Nepal
blank avatarKenny & Judy
K1 Visa
Philippines
blank avatarHana & A
IR-1/CR-1 Visa
Australia
blank avatarjacqueline & ricardo
IR-1/CR-1 Visa
Jamaica
blank avatarJimit & P
IR-1/CR-1 Visa
India

Visa Interviews Today: Good Luck!!


blank avataroyin & femi
IR-1/CR-1 Visa
Nigeria
blank avatarDaughter & Mother
IR-5 Visa
Ukraine
blank avatarAngel & Eugene
IR-1/CR-1 Visa
Philippines
M & E
IR-1/CR-1 Visa
Panama
D & H
K1 Visa
Denmark
blank avatarParm & Anand
IR-1/CR-1 Visa
India
Frank & Ploy
K1 Visa
Thailand
blank avatarvictoria & vicente
K1 Visa
Mexico
blank avatarMaureen & Ibrahimabdeldjallil
K1 Visa
Algeria
blank avatarPearl & Mark
K1 Visa
Zambia
blank avatarNadia & Froylan
K1 Visa
Mexico
blank avatarJamie & Kerstin
K1 Visa
Sweden
Cara & Ghassen
IR-1/CR-1 Visa
Tunisia
blank avatarMarie & Braham
K1 Visa
Algeria


Green card through marriage, currently on H1B

#1 kumar1234

kumar1234

    Member

  • PipPipPipPip

  • Group: Members
  • Joined: 02 Feb 2009
  • Country: India



Posted 02 February 2009 - 12:57 AM

Dear Forum Members,

Hope I am posting in the correct forum.

I am an Indian national working in US on H1B. I have been in US for over 6 years through F1 and H1B. I am engaged to a US citizen and we are planning to marry sometime later this year. However, due to economic turmoil we are concerned that if I lose my job I might have to go back. To prevent this from happening we are thinking of getting married to get my green card.

Few questions:

1. Intent: We love each other and would have gotten married later this year. However, we want to marry sooner to prevent me from going out of status in case I lose my job. Does this constitute fraudulent marriage? (by the way, we have been living together for over a year)

2. Waiting Period: Let's say we get married next week and apply for green card petition. Does that mean if I lose my job, let's say the week after, I can still stay in the country without losing my status?

Thank you very much for the help.
  • 0
AOS from H1B
--------------------
04/2/09: Filed I-130, I-485, EAD, AP
04/13/09: Received NOA for all the forms
04/16/09: Received biometrics appointment

#2 Dakine

Dakine

    BIG crab/Anaka



Posted 02 February 2009 - 01:38 AM

QUOTE (kumar1234 @ Feb 1 2009, 07:57 PM) <{POST_SNAPBACK}>
Dear Forum Members,

Hope I am posting in the correct forum.

I am an Indian national working in US on H1B. I have been in US for over 6 years through F1 and H1B. I am engaged to a US citizen and we are planning to marry sometime later this year. However, due to economic turmoil we are concerned that if I lose my job I might have to go back. To prevent this from happening we are thinking of getting married to get my green card.

Few questions:

1. Intent: We love each other and would have gotten married later this year. However, we want to marry sooner to prevent me from going out of status in case I lose my job. Does this constitute fraudulent marriage? (by the way, we have been living together for over a year)

2. Waiting Period: Let's say we get married next week and apply for green card petition. Does that mean if I lose my job, let's say the week after, I can still stay in the country without losing my status?

Thank you very much for the help.

If you marry and file to adjust status you shouldn't have any problems.
  • 0
K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship
!! ALL PAU!

#3 kumar1234

kumar1234

    Member

  • PipPipPipPip

  • Group: Members
  • Joined: 02 Feb 2009
  • Country: India



Posted 02 February 2009 - 02:40 PM

So, does that mean as soon as I file the forms I get a (temporary) status change?

  • 0
AOS from H1B
--------------------
04/2/09: Filed I-130, I-485, EAD, AP
04/13/09: Received NOA for all the forms
04/16/09: Received biometrics appointment

#4 Rosie74

Rosie74

    Gold Member

  • PipPipPipPipPipPipPip


Posted 02 February 2009 - 03:22 PM

QUOTE (kumar1234 @ Feb 2 2009, 01:40 PM) <{POST_SNAPBACK}>
So, does that mean as soon as I file the forms I get a (temporary) status change?


As soon as you file for AOS, you can stay even if you loose your job.
You can still work under your H1B, but if you happen to loose the job, you are entitled to stay as an AOS filer, until a decision has been made by USCIS on your AOS case good.gif
  • 0
05/12/04 => Arrived in the US under L1 status / work visa
03/05/05 => Met the love of my life
07/02/07 => Married my wonderful USC husband

______AOS JOURNEY________________________________
10/03/08 => Package sent to USCIS
03/03/09 => Interview in Chicago, IL =>> APPROVED!

______REMOVAL OF CONDITIONS JOURNEY______________
12/03/10 => Package sent to California service center
03/02/11 => 10 YR GREEN CARD RECEIVED!!

______CITIZENSHIP JOURNEY_________________________
01/20/12 => Filed N-400 for Citizenship
06/21/12 => Citizenship interview: Approved!
07/25/12 => Oath Ceremony.. DONE WITH USCIS!!

#5 kumar1234

kumar1234

    Member

  • PipPipPipPip

  • Group: Members
  • Joined: 02 Feb 2009
  • Country: India



Posted 02 February 2009 - 04:15 PM

QUOTE (Rosie74 @ Feb 2 2009, 03:22 PM) <{POST_SNAPBACK}>
QUOTE (kumar1234 @ Feb 2 2009, 01:40 PM) <{POST_SNAPBACK}>
So, does that mean as soon as I file the forms I get a (temporary) status change?


As soon as you file for AOS, you can stay even if you loose your job.
You can still work under your H1B, but if you happen to loose the job, you are entitled to stay as an AOS filer, until a decision has been made by USCIS on your AOS case good.gif



Rosie: Thanks, this was helpful smile.gif
  • 0
AOS from H1B
--------------------
04/2/09: Filed I-130, I-485, EAD, AP
04/13/09: Received NOA for all the forms
04/16/09: Received biometrics appointment

#6 Nich-Nick

Nich-Nick

    Mucho Elder Member



Posted 02 February 2009 - 04:56 PM

QUOTE (kumar1234 @ Feb 1 2009, 11:57 PM) <{POST_SNAPBACK}>
Few questions:

1. Intent: We love each other and would have gotten married later this year. However, we want to marry sooner to prevent me from going out of status in case I lose my job. Does this constitute fraudulent marriage? (by the way, we have been living together for over a year)


I wouldn't worry about the intent if you are a couple and are in love. The fraudulent bit would be if you were paying your "fiance" $20,000 to go through the motions of marriage when you had no intentions of living with him and being a married couple.
  • 0
England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London
10-05-08 Married


AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston
05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:
4 years, 2 months, 6 days
243 pages of forms/documents submitted
No RFEs




Back to Top ↑

Didn't find the answer you were looking for? Try asking our VJ Immigration Lawyers.
Create an account or sign in to comment
You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community.
It's easy!


Register a new account

Sign in

Already have an account?
Sign in here.


Sign In Now


0 user(s) are browsing this forum

0 members, 0 guests, 0 anonymous users


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.