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JNZ Newbie

JNZ   0

Posted
Filed: H-1B Visa Country: Germany
 Timeline
Posted
Hello,

I am German citizen, 35 years, and got my H1B visa application recently approved. I have been in the US since 3 years on a F-1 visa (currently F-1 OPT) and my H1B work visa will begin on October 1st 2014. Also, I am aiming to apply for green card through my H1B visa later.


So far so good, now the issue comes in. I am planning to marry my girlfriend (born & raised in Germany, but Afghan origin/passport) who I am dating for years. Problem: She immigrated to the U.S. in 2001, but her application for immigration was denied in 2005 and since today her status is “withholding of deportation”


Question: If I marry my girlfriend and she become my wife, will she connected to my case? Can she get an adjustment of her status, e.g. wife/spouse of a H1B visa holder? And, if I apply for green card later, will she be considered?


I appreciate any kind of feedback and advise!


Thanks,

Jens

Boiler Grand Master

Boiler   45,670

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
She immigrated to the U.S. in 2001, but her application for immigration was denied in 2005 and since today her status is “withholding of deportation”

How did she Immigrate and why is she in that status?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

JNZ Newbie

JNZ   0

Posted
Filed: H-1B Visa Country: Germany
 Timeline
  • Author
Posted

How did she Immigrate and why is she in that status?

She was born in Afghanistan and her family moved to Germany with her when she was a baby. In August 2001, (Age 21) right before 9/11 she traveled to the U.S. (as many times before) and did not return. She was connected to her mother's and younger brother's case who immigrated a year before. Finally, in 2005 the immigration court denied their application for immigration/asylum. As far as I know the immigration judge argued that they could have stayed in Germany.

Boiler Grand Master

Boiler   45,670

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

So she came on a visitor visa, overstayed, made a false claim for asylum and is still here?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted (edited)

This is not a Do-It-Yourself case. You need a lawyer.

She has a deportation order. Any adjustment of status would probably be a no-go with a deportation order.

Many US citizens who marry their partners after deportation proceedings have started can't sometimes adjust.

It will probably be much harder for the deported spouse of an H1-B visa holder than a US citizen to adjust status.

http://immigrationandemploymentlaw.wordpress.com/2010/07/18/can-you-avoid-deportation-by-marrying-a-u-s-citizen/

http://www.gurfinkel.com/imm_archive/2008/imm_2008_mar_09.htm

http://www.rreeves.com/publications_detail.php?newsId=1123

Edited by aaron2020
Boiler Grand Master

Boiler   45,670

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

You have to have status to adjust status.

Sounds like she needs a H4 Visa and a D3 waiver.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

JNZ Newbie

JNZ   0

Posted
Filed: H-1B Visa Country: Germany
 Timeline
  • Author
Posted

This is not a Do-It-Yourself case. You need a lawyer.

She has a deportation order. Any adjustment of status would probably be a no-go with a deportation order.

Many US citizens who marry their partners after deportation proceedings have started can't sometimes adjust.

It will probably be much harder for the deported spouse of an H1-B visa holder than a US citizen to adjust status.

http://immigrationandemploymentlaw.wordpress.com/2010/07/18/can-you-avoid-deportation-by-marrying-a-u-s-citizen/

http://www.gurfinkel.com/imm_archive/2008/imm_2008_mar_09.htm

http://www.rreeves.com/publications_detail.php?newsId=1123

Thanks for the links!

Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

A spouse of a H1 can get an H4, I believe, but she is probably not eligible for H4 because of her overstay.

Adjustment of status is not for spouses of visa holders.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Boiler Grand Master

Boiler   45,670

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Correct, except the false claim.

Then go for Asylum, that would lead to a Green Card and she could sponsor you.

Well, the question is if she her current status "withholding of deportation" can be adjusted to H4 visa.

What is a D3 waiver?

Non Immigrant Visa waiver

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

TBoneTX Grand Master

TBoneTX   45,536

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

*** Duplicate thread (with replies) moved from Work Visas forum to AOS from WS&T Visas forum and merged with existing thread. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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