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kumar1234

Green card through marriage, currently on H1B

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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.

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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.

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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 :thumbs:

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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 :thumbs:

Rosie: Thanks, this was helpful :)

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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.

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