Getting ready for AOS

[SANJV 0]

I am a US citizen. I will soon be getting married. My would-be wife is Indian citizen. She came here on a H-1 visa and lost her job after some time as the contractor for which she was hired ended unexpectedly. She has been out for work for quite some time but has continued to stay in the US.

I understand that after getting married we can file I-130 and I-485 at the same time. Is that correct? Given her situation should we expect any major problems?

Can we file for Employment Authorization at the same time?

Thanks.

[Bobby+Umit 161]

Yes, you can file - follow this guide.

She is currently out of status, from what you posted, so getting the marriage/AOS done in a timely manner will be in your best interests.

[flypri 0]

You can file the I-485, I-130, employment authorization, advanced parole for travel, and medical exam form all at the same time.

I just adjusted from H-1B status. Typically if the employer initiates the termination, they are responsible to pay the fees for the nonimmigrant's travel to their home country. The employer is also responsible for notifying the USCIS in a timely manner of the termination (I believe 30 days). Once that happens your wife-to-be should receive a notice from USCIS that she has 30 days to leave the country. If you are still in that time window (~30 days since terminating employment), it would be best to marry now and apply immediately as there may still be a grace period where being out of status will not count against her in the petition. Regardless, she is technically out of status at this point. I am not an attorney so I would consult one to be safe (a consultation with most credible immigration attorneys is free of charge). From what I understand, "everyone is allowed one free pass," so if this is the only time she has been out of status and everything else in your application is straightforward, your petition will likely be approved without problem as long as you can reasonably explain the situation.

Good luck!