Complicated story

[tony85 0]

Hello everybody. I read a lot about AOS, but it's so much information, i could not filter everything. Long story short, I'm in the US with an H2B visa, that visa gives me the right to work for my sponsor, which is an employer from NJ, that's where I'm working now. the thing is the visa expires on the 1st of November (as well as my work contract) and I should go back home in Romania, but i met a girl a month ago, we really like each other and she said the only way we can still be together is if we get married. I have nothing against that, I like her a lot too, but what i don't know is this : if we get married in September, as far as I know the green card interview will be 1 year or so after we get married, BUT will I still be able to remain legally in the US until then and even work ? or do i have to go home in November ? if anybody is curious, NO , this is not a convenience marriage. I am not worried about the interview, I am only worried about what will happen from November.

Thank you,

Tony

[Kathryn41 3,205]

If you are marrying for love and not a green card, the US does have contingencies for this. You are here legally on an employment visa that is valid until November. Once you marry, your wife will petition for permission for you to apply to become a permanent resident of the US as her spouse. She does this by completing form I-130 (with all of its requested documents). You will also complete form I-485 - Application to adjust status' which will change your status from a non-immigrant employment visa to a permanent resident. Once you file the I-485 (the I-130 gets filed in the same envelope with the I-485), and it is accepted by USCIS you gain another status - pending AOS applicant - and are legally allowed to remain in the US until a decision is made on the application. You can start planning for the AOS now as you will need to have a security/police record from anywhere you have lived for more than 6 months over the age of 18 (it might be 16 - I don't remember now) and these might take a few months to obtain (although you probably had to get these for your employment visa as well). You will also need to have an immigration medical from a recognized Civil Surgeon in the US. These are things you can do now in preparation for the AOS since you are engaged and know you will be getting married in September.

The AOS application only gives you permission to remain in the US. Along with the AOS application you will file an I-678 application for employment authorization and it is a good idea to file I-131 - request for the Advance Parole travel document that will allow you to travel out of the US and return while your AOS is being processed.

It is quite probable that you and your wife will have an interview at which time you can expect to bring additional 'proof' that you have a real marriage and not one just for a green card. The better you can document the relationship and obtain the necessary documents that show you are indeed behaving as a married couple, the easier the process will be.

So, at the USCIS website you can download all of the forms and their instructions. Read them over thoroughly and make a list of what you need to have to complete each form. You can spend the time between now and the filing date gathering the different forms, documents and evidence that you need. Also, be sure to check the pinned links at the top of the AOS from Family Visas forum - they also include useful information about getting a green card through marriage to a US citizen.

[Donna A 4]

not to sound harsh, but it does seam like a convience marriege. first of all you need to love the person you are marrying instead of liking them. people in general dont just marry someone they like and immigration officer will pick up on that when you have your adjustment interview.

[tony85 0]

@Donna A : i see your point , maybe that's what it seems like but it's not like that, I know what you mean. maybe it will be a problem, maybe it won't. the thing is I will be with this girl for a long time, I hope forever, who knows what the immigration officer will say.

@Kathryn41 : Thank you for the detailed info, you told me exactly what i need to do, i will talk to her and we will start filling the documents. one thing i don't really understand is, when i fill out i-130,i-485 and i-678 and send them , can they just reject my application, without an interview ? or that's when we will have our first interview, when i apply for the legal right to work here ? this is important for me because I don't want to be illegal in the US not one minute. I'm asking around here because she doesn't know too much about all these legal technicalities.

[USUY2010 4]

@Donna A : i see your point , maybe that's what it seems like but it's not like that, I know what you mean. maybe it will be a problem, maybe it won't. the thing is I will be with this girl for a long time, I hope forever, who knows what the immigration officer will say.

@Kathryn41 : Thank you for the detailed info, you told me exactly what i need to do, i will talk to her and we will start filling the documents. one thing i don't really understand is, when i fill out i-130,i-485 and i-678 and send them , can they just reject my application, without an interview ? or that's when we will have our first interview, when i apply for the legal right to work here ? this is important for me because I don't want to be illegal in the US not one minute. I'm asking around here because she doesn't know too much about all these legal technicalities.

They will only reject your documents if you've filed them incorrectly, like me, make sure you make two separate folders for each form but put them together in the same package. Also make sure you write almost every single space, do not leave anything, if it doesn't apply to your situation just write N/A but do not leave empty slots, if you do that they are unlikely to reject your application.

[Dakine10 5,452]

@Donna A : i see your point , maybe that's what it seems like but it's not like that, I know what you mean. maybe it will be a problem, maybe it won't. the thing is I will be with this girl for a long time, I hope forever, who knows what the immigration officer will say.

@Kathryn41 : Thank you for the detailed info, you told me exactly what i need to do, i will talk to her and we will start filling the documents. one thing i don't really understand is, when i fill out i-130,i-485 and i-678 and send them , can they just reject my application, without an interview ? or that's when we will have our first interview, when i apply for the legal right to work here ? this is important for me because I don't want to be illegal in the US not one minute. I'm asking around here because she doesn't know too much about all these legal technicalities.

Here's the link to the guide on this site.

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

I believe form "i-678" is a typo. I think Kathryn meant form "i-765" - application for employment authorization. So you would file the i-130,i-485, i-765 and other forms listed in the guide after you get married and have all the necessary supporting documents.

As USUY2010 said, they can reject your application if you file incorrectly, but that doesn't mean you are denied, you would just have to refile. Generally you will eventually have an interview with USCIS at a later date, where they will approve or deny based on the specifics of your case. Again more information is in the guide.

If there are no mistakes in your forms, you normally get the employment authorization document (EAD) within 60-90 days after filing. The EAD allows you to work legally in the USA.