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Here on HB-1 Visa, Got Engaged, What do I need to file?

#1 User is offline   indylove 

  • Newbie
  • Pip
  • Group: Members
  • Joined: 27-July 07
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  • Country: India



Posted 27 July 2007 - 01:54 PM

I came to the USA on a Student visa, then after graduating got a job. I am now living in the USA & here on an HB-1 Visa. While in the USA I met a girl, fell in love, and we've recently become engaged. My Fiancee is a USC.

Does anyone know what I need to file in order to remain in the USA on the correct visa? Do I need to file anything before we get married, or do I wait until we're married?

I travel alot with my job, and alot of business trips are out of country - will this have an effect on immigration?

A.
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#2 User is offline   Urge To Race 

  • Platinum Member

Posted 27 July 2007 - 02:01 PM

You are in the US on an H1B, so you are in a great position. You don't have to file anything until after you get married as long as your H1B remains valid. Once married, file for Adjustment of Status. You don't need advanced parole to travel outside of the country and re-enter. You can continue your business travels (and other travels too) and re-enter the US on your H1B visa(again as long as it is valid) without problems while your AOS is pending. If your H1B lapses for some reason, you will need advance parole etc.

View Postindylove, on Jul 27 2007, 02:54 PM, said:

I came to the USA on a Student visa, then after graduating got a job. I am now living in the USA & here on an HB-1 Visa. While in the USA I met a girl, fell in love, and we've recently become engaged. My Fiancee is a USC.

Does anyone know what I need to file in order to remain in the USA on the correct visa? Do I need to file anything before we get married, or do I wait until we're married?

I travel alot with my job, and alot of business trips are out of country - will this have an effect on immigration?

A.

This post has been edited by Urge To Race: 27 July 2007 - 02:02 PM

03/12/2007 - Married to my beautiful wife
04/16/2007 - Sent I-130 to VSC via USPS Express Mail
05/12/2007 - NOA1 received by snail mail after a loooong wait
05/14/2007 - Sent I-129F for K3 to Chicago Lockbox via USPS Express Mail
05/18/2007 - check cashed and NOA1 receive date
10/22/2007 - I129F APPROVED (161 days)
10/22/2007 - I130 APPROVED (188 days)
11/08/2007 - I129F received at NVC, embassy case number generated.
11/13/2007 - I129F forwarded to embassy.
11/18/2007 - 129F petition received at embassy
01/09/2008 - finally, DOS gives me the interview date, April 16, 2007 (ouch)
01/23/2008 - never got packet 4, emailed embassy
02/26/2008 - finally, received email from embassy, confirmed interview date, said to pick up P4 1 week
- before interview if not received by then. Said it was sent on 1/10/2008 (huh?)
04/11/2008 - picked up packet 4, did medical
04/14/2008 - medical report pickup, no problems
04/16/2008 - interview date- APPROVED!!!!!
04/18/2008 - both of us are home at last, POE JFK!
05/21/2008 - sent AOS and EAD
05/27/2008 - received NOA1 for AOS and for EAD
06/02/2008 - received Biometrics appt letter
06/19/2008 - Biometrics appointment scheduled - DONE
06/19/2008 - both AOS and EAD touched because of biometrics
07/29/2008 - EAD approved.
05/13/2009 - AOS Interview - APPROVED!/ Card production ordered email
05/18/2009 - Welcome Letter received
06/12/2009 - Second card production ordered email
06/19/2009 - Approval notice send email
06/22/2009 - Green Card received
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#3 User is offline   Cécy 

  • Platinum Member

Posted 27 July 2007 - 02:03 PM

And as far as what to fill, follow the guides:
http://www.visajourney.com/forums/index.ph...page=i130guide2
08.2006: Entered with a B-2 visa.
07.06.07: Civil Wedding
07.17.2008 AOS approved with interview. It took 367 Days!
11.08.08: Big family wedding
09.18.09-10.03.09: First trip to France with Hubby

I-751
04.19.10: Package sent to Vermont
04.21.10: Delivered in Vermont
04.22.10: NOA date
04.23.10: Check cashed
05.17.10: Received biometrics appointment letter
06.07.10: Biometrics Appointment
06.26.10: Touched
07.07.10: Card Production Ordered!
07.07.17: Card in the mail :) Done until citizenship


Useful links
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#4 User is offline   Dr_LHA 

  • Novemberist

Posted 27 July 2007 - 02:07 PM

Yes, you don't need an EAD and AP with an H-1B, unless you want to change jobs or your H-1B expires while AOS is processing.

Unfortunately with the new fee structure, you're going to pay for them anyway!

Still that aside, there's nothing for you to do until after you get married, and you can remain in the USA on H-1B no problem after marriage too. Read the guide that Cecy linked to. If you have issues there are people here who did the same as you (filed from H-1B). I'm one of them.
I-485/I-130/I-765 concurrently filed
06/22/06 Fedexed package to Chicago lockbox
06/27/06 NOA1 receipt date for all forms
07/17/06 Received Biometrics appointment letter
07/25/06 Biometrics taken
08/11/06 Date on Interview Notice
08/22/06 Interview Notice received (approx as on vacation for previous 9 days)
09/06/06 I-765 approval email (3 of them!)
09/13/06 EAD card arrived
10/11/06 Interview date - Approved!
11/27/06 Email: "Welcome Letter Sent" - woohoo!
11/29/06 Email: "Card production ordered."
11/30/06 Snail mail: "Welcome Letter".
12/04/06 Email: "Approval notice sent."
12/06/06 Snail mail: 10 year Green Card arrives!!!
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