Adjustment of Service from H2B Visa

[saj102965 1]

My boyfriend is currently in the US on a H2B visa, and scheduled to return to South Africa in early November, and we want to get married rather than go through the K1 Visa Process - What is the process for the Adjustment of Service for the H2B visa and would he have to return to his country for an interview like with the K1 Visa?

[payxibka 10,045]

My boyfriend is currently in the US on a H2B visa, and scheduled to return to South Africa in early November, and we want to get married rather than go through the K1 Visa Process - What is the process for the Adjustment of Service for the H2B visa and would he have to return to his country for an interview like with the K1 Visa?

Adjustment of Status (not Service) can only occur from INSIDE the USA. You will submit an I-130/I-485 after marriage and he remains here until GC is received.

Moving thread to Adjustment of Status forum

[saj102965 1]

Thank you for the information. Do you know how long this process takes in comparison to the K1 Visa? How long will it take for him to get his green card? So he definitely would not have to go back to his country - Is this because he already went through the interview process with the H2B Visa?

Edited July 18, 2010 by saj102965

[Leigh Ann 8]

Thank you for the information. Do you know how long this process takes in comparison to the K1 Visa? How long will it take for him to get his green card? So he definitely would not have to go back to his country - Is this because he already went through the interview process with the H2B Visa?

It's generally much quicker. And a lot less expensive! With the K1, you have to go through that whole process, and then when he gets here (and you get married w/in 90 days), you have to go through the AOS process. As for how long, it varies a bit, I think by office. It's enerally something like 3 months, but slower offices can take longer to schedule the interview. So long as he doesn't overstay his status and then get a ban on reentry (overstay of 180+ days = ban of 3 years; 10 years if over 365), he can apply for advanced parole so he can travel. He'll also get an employment authorization card so he can work before he gets his green card (if the timing works out).

He doesn't have to return to his country, but the two of you would have to go to an interview during the AOS process.

[payxibka 10,045]

Thank you for the information. Do you know how long this process takes in comparison to the K1 Visa? How long will it take for him to get his green card? So he definitely would not have to go back to his country - Is this because he already went through the interview process with the H2B Visa?

Never said he would not be interviewed... if you follow the stateside AOS process, he would be interviewed HERE in the USA. He definitely does NOT have to go back to his country for a visa, he can apply for a green card directly from within the USA.

[trillium13 84]

Helpful reading:

http://www.visajourney.com/content/i130guide2

[saj102965 1]

http://www.visajourney.com/content/i130guide2

I read the link and have more questions. My boyfriend has only been here for three months and we fell in love right away and after reading the link is this to short of a time period for us to be together that it might send up a red flag (as explained on the link "fraud"). That is definitely not the case with us. My boyfriend definitely had no intent of getting married prior to him coming to the US. We happened to have met, we clicked right away, fell in love and now want to get married.

Also would you recommend that we get an attorney for this process. I was researching all the K1 information originally and felt comfortable with that process, but I'm not sure about this process.

I live in detroit, mi, so where would we file the I-30?

[payxibka 10,045]

http://www.visajourney.com/content/i130guide2

I read the link and have more questions. My boyfriend has only been here for three months and we fell in love right away and after reading the link is this to short of a time period for us to be together that it might send up a red flag (as explained on the link "fraud"). That is definitely not the case with us. My boyfriend definitely had no intent of getting married prior to him coming to the US. We happened to have met, we clicked right away, fell in love and now want to get married.

Also would you recommend that we get an attorney for this process. I was researching all the K1 information originally and felt comfortable with that process, but I'm not sure about this process.

I live in detroit, mi, so where would we file the I-30?

Intent is not a problem with someone who you did not even know before they entered the USA....

I hope you realize it is more than than the I-130 as the I-130 alone does not get you where you want to be. You also need to submit an I-485 at the same time. As for where you file the petition/application package it is all in the instructions to the forms. You will submit the petition/application to an address in Chicago that is in the I-485 instructions.

Edited July 18, 2010 by payxibka

[saj102965 1]

Thank you payxibka for your response. I understand intent is not a problem, however, the link stated that if you file to soon after arriving in the USA the onus is on the petitioner to prove that there is no fraud involved on the part of the beneficiary, so I was just concerned about the short amount of time he has been in the US. We wouldn't be getting married till the end of August, 2010 so I think this is a long enough time.

I am a paralegal and understand thoroughly how to complete all the K1 documents, so do you think I should be okay with the Adjustment of Status process after I studying them. I really do not want to incur the expense of an attorney and any way the paralegal or legal secretary usually process the forms and not the attorney. I would like your advice on this one. Thanks.

[payxibka 10,045]

Thank you payxibka for your response. I understand intent is not a problem, however, the link stated that if you file to soon after arriving in the USA the onus is on the petitioner to prove that there is no fraud involved on the part of the beneficiary, so I was just concerned about the short amount of time he has been in the US. We wouldn't be getting married till the end of August, 2010 so I think this is a long enough time.

I am a paralegal and understand thoroughly how to complete all the K1 documents, so do you think I should be okay with the Adjustment of Status process after I studying them. I really do not want to incur the expense of an attorney and any way the paralegal or legal secretary usually process the forms and not the attorney. I would like your advice on this one. Thanks.

The I-130 & I-485 are not anymore complicated than the I-129F... and in some regards, even less complicated.

[newlyweds2010 208]

and less expensive, and less time consuming. the K1 visa process is long, expensive, and he would have to go back home to interview.

[andana_dj 0]

I know that H2B visa can be extended for a different work contract for another couple of months, so in case you guys feel pressured by this short time left you might want to consider extending the H2B visa and meanwhile marry and prepare for your AOS process.

You don't need a lawyer for that, unless he has some previous issues with the visa or overstay or other difficulties that you think that you can't handle.

[saj102965 1]

Continuation of my question. If I apply for the adjustment of status the 1st week of September and it takes say 5 to 7 months to process (actually get his green card) that will still be within the 180 days, so he doesn't over stay his visa (H2B Visa expires on 11-1-10), however, I need confirmation from someone as to whether or not he would have to leave the US if the process for his green card is not complete. I thought I read somewhere that his H2B visa would be extended until the adjustment of status process is complete.

Edited July 20, 2010 by saj102965

[payxibka 10,045]

Continuation of my question. If I apply for the adjustment of status the 1st week of September and it takes say 5 to 7 months to process (actually get his green card) that will still be within the 180 days, so he doesn't over stay his visa (H2B Visa expires on 11-1-10), however, I need confirmation from someone as to whether or not he would have to leave the US if the process for his green card is not complete. I thought I read somewhere that his H2B visa would be extended until the adjustment of status process is complete.

No, he does NOT have to leave.... The moment he submits the I-485 he is an "applicant pending adjustment"... he can stay until a decision is rendered on the application.

[saj102965 1]

So I understand the filing process. I will mail the documents to the Chicago Lockbox and then they mail all the necessary documents to my local Detroit office where we will have to attend the interview. If this is correct, does anyone know the average processing time from the beginning of receipt by the Chicago Lockbox through the processing time at the Detroit office? Thank you for anyone who replies. I'm sorry for all the questions, but I am quite anxious at this point with timelines.