AOS from F1 to GC or H1B?

[shranjan84 5]

Hi,

I am in big dilemma,I came to us on jan 2009 to pursue my master's, graduated in December 2011 ,got my OPT ead in march 2011, since then I am working on OPT(STEM approved).Now my employer willing to sponsor my H1B and meanwhile also my fiance just got US citizenship(had oath last week) and we are planning to get married in India in December 2012.

so what would be best for me to change my status before going to India for marriage . should I do court marriage immediately and apply for GC now or let my employer apply my H1B?I cant miss the my trip to India in December as all arrangement has been made for the marriage.

I can't plan a big marriage in US, so what I need to do to make it look bonafide relation? we cant live together before Indian marriage .I do have multiple pics together since 2009 but they are not dated.

Really appreciate your help.

Thanks

Shashi

[grrrrreat 109]

Hi,

I am in big dilemma,I came to us on jan 2009 to pursue my master's, graduated in December 2011 ,got my OPT ead in march 2011, since then I am working on OPT(STEM approved).Now my employer willing to sponsor my H1B and meanwhile also my fiance just got US citizenship(had oath last week) and we are planning to get married in India in December 2012.

so what would be best for me to change my status before going to India for marriage . should I do court marriage immediately and apply for GC now or let my employer apply my H1B?I cant miss the my trip to India in December as all arrangement has been made for the marriage.

I can't plan a big marriage in US, so what I need to do to make it look bonafide relation? we cant live together before Indian marriage .I do have multiple pics together since 2009 but they are not dated.

Really appreciate your help.

Thanks

Shashi

This is really a personal decision I think. Do you want to get married and live as a married couple now? If so, getting married and adjustment of status is the right route. However, you may have problems proving bona fide marriage if you aren't living together. If I were a USCIS interviewer and I discovered you weren't living together, I would have serious questions.

If your employer is willing to sponsor you for a H1B, and is confident you can get it, then that is also a good course. You would be free to travel to India, get married, return on the H1B, apply for adjustment of status, and keep working until you get a Green Card. This is a less risky route if you aren't willing to live as a married couple.

[shranjan84 5]

This is really a personal decision I think. Do you want to get married and live as a married couple now? If so, getting married and adjustment of status is the right route. However, you may have problems proving bona fide marriage if you aren't living together. If I were a USCIS interviewer and I discovered you weren't living together, I would have serious questions.

If your employer is willing to sponsor you for a H1B, and is confident you can get it, then that is also a good course. You would be free to travel to India, get married, return on the H1B, apply for adjustment of status, and keep working until you get a Green Card. This is a less risky route if you aren't willing to live as a married couple.

would it be legal to come back to US after marrying a USC?

[theunknown 5]

would it be legal to come back to US after marrying a USC?

if you are out of status now u have adjust your status after marriage and get the green card and that takes between 3 to 6 months. good luck

[shranjan84 5]

if you are out of status now u have adjust your status after marriage and get the green card and that takes between 3 to 6 months. good luck

my student visa is valid till 08/2013.

[Little_My 464]

H-1B is a dual intent visa, so you won't have problems with marrying a US citizen and coming back with the H-1B. If you do decide to take the AOS to GC route, and if you are able to get married here in the US in a civil ceremony pretty quickly, you shouldn't have any problems with being able to travel to India in December. Most likely, assuming you won't get any RFEs or other unexpected delays along the way, you should easily have the GC by December is you're able to file in the next month or two. Even if for some reason your AOS has not been completed by then, you will have the AP travel document whih will allow you to travel internationally while the AOS is pending.

It doesn't seem to me that you have overstayed your previous status - if I understood your post correctly, you are still working under OPT, correct?

On the other hand, H-1B won't cost you anything - it will cost your employer. Like grrreat noted, you can take the H1-B now and then pursue to file for AOS on your own time schedule, without having to worry about pending travel plans or having to go through the civil ceremony in the US. Just make sure the position you would be hired for isn't subject to the H-1B cap - if it is, then you should get busy with filing for the work visa. My understanding is that the cap gets filled pretty quickly.

[mg23 1]

would it be legal to come back to US after marrying a USC?

It depends on how you're re-entering the USA. If you're coming back on your H-1B visa then I believe the fact you're married (at all, to a US citizen or otherwise) is irrelevant. Hopefully someone else can confirm this but H-1B is dual intent so it's OK if you have ties to the US when you re-enter.

If your employer's willing to sponsor you for your H-1B, and they're confident you'll be granted it, then I'm not sure there's any apparent reason not to go for it. Once you get that you can travel in and out of the country freely, as grrrrreat points out, and then apply for your AOS at some point after you get back from your wedding.

Edit: Whoops, should have refreshed before I posted - Little_My explained it better than I did!

Edited April 9, 2012 by mg23

[grrrrreat 109]

H-1B is a dual intent visa, so you won't have problems with marrying a US citizen and coming back with the H-1B. If you do decide to take the AOS to GC route, and if you are able to get married here in the US in a civil ceremony pretty quickly, you shouldn't have any problems with being able to travel to India in December. Most likely, assuming you won't get any RFEs or other unexpected delays along the way, you should easily have the GC by December is you're able to file in the next month or two. Even if for some reason your AOS has not been completed by then, you will have the AP travel document whih will allow you to travel internationally while the AOS is pending.

It doesn't seem to me that you have overstayed your previous status - if I understood your post correctly, you are still working under OPT, correct?

On the other hand, H-1B won't cost you anything - it will cost your employer. Like grrreat noted, you can take the H1-B now and then pursue to file for AOS on your own time schedule, without having to worry about pending travel plans or having to go through the civil ceremony in the US. Just make sure the position you would be hired for isn't subject to the H-1B cap - if it is, then you should get busy with filing for the work visa. My understanding is that the cap gets filled pretty quickly.

I agree with all of this. I would just point out the risk of trying to get married civilly in the U.S. and then adjust status if the couple isn't living together. I would deny such a petition if I were the CO.

[shranjan84 5]

H-1B is a dual intent visa, so you won't have problems with marrying a US citizen and coming back with the H-1B. If you do decide to take the AOS to GC route, and if you are able to get married here in the US in a civil ceremony pretty quickly, you shouldn't have any problems with being able to travel to India in December. Most likely, assuming you won't get any RFEs or other unexpected delays along the way, you should easily have the GC by December is you're able to file in the next month or two. Even if for some reason your AOS has not been completed by then, you will have the AP travel document whih will allow you to travel internationally while the AOS is pending.

It doesn't seem to me that you have overstayed your previous status - if I understood your post correctly, you are still working under OPT, correct?

On the other hand, H-1B won't cost you anything - it will cost your employer. Like grrreat noted, you can take the H1-B now and then pursue to file for AOS on your own time schedule, without having to worry about pending travel plans or having to go through the civil ceremony in the US. Just make sure the position you would be hired for isn't subject to the H-1B cap - if it is, then you should get busy with filing for the work visa. My understanding is that the cap gets filled pretty quickly.

thanks , it was really helpful. What should be the be the extent of civil ceremony? can getting married in court and then throwing a small party would work? what would make it a bonafide relation?

[grrrrreat 109]

thanks , it was really helpful. What should be the be the extent of civil ceremony? can getting married in court and then throwing a small party would work? what would make it a bonafide relation?

The ceremony isn't important. Civil ceremony and party sounds fine. The marriage is more important. They will want evidence that you are a bona fide married couple, which is why I think it is important for you to live together.

[ceadsearc 516]

I agree with all of this. I would just point out the risk of trying to get married civilly in the U.S. and then adjust status if the couple isn't living together. I would deny such a petition if I were the CO.

It's a red flag but the IO can't deny on this alone if they have strong evidence of a bonafide relationship. Many people AOS while living apart due to work or school and IOs are aware this is sometimes the case. They should expect to be more heavily scrutinized in this scenario but not denied if they have their ducks in a row.

[shranjan84 5]

The ceremony isn't important. Civil ceremony and party sounds fine. The marriage is more important. They will want evidence that you are a bona fide married couple, which is why I think it is important for you to live together.

how they going to inspect that we live together or not?

[grrrrreat 109]

how they going to inspect that we live together or not?

They'll ask you, and they'll ask you for your addresses. They can ask you for joint leases or property titles, joint insurance policies, etc. They can even ask you what color the other's toothbrush is and who sleeps on what side of the bed.

[shranjan84 5]

They'll ask you, and they'll ask you for your addresses. They can ask you for joint leases or property titles, joint insurance policies, etc. They can even ask you what color the other's toothbrush is and who sleeps on what side of the bed.

would it be okay If I add her on lease just after court marriage. I do not have any property other than a car, I can open a joint account with her and can take family phone plan.She frequently visits me and we have multiple pictures together since 2009. I also have pics of her with my family in India. my relatives or her relatives can confirm our bonafide relation.would all this be enough?

[shranjan84 5]

would it be okay If I add her on lease just after court marriage. I do not have any property other than a car, I can open a joint account with her and can take family phone plan.She frequently visits me and we have multiple pictures together since 2009. I also have pics of her with my family in India. my relatives or her relatives can confirm our bonafide relation.would all this be enough?

also would phone record b/w us help , as last 3 year I am talking to her everyday.

I am sorry that i am asking too many question but right now so much confused that I do know what to do.