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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

    Long Time 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




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