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enihcam

H1B to Marriage GC! Help!

By enihcam in Adjustment of Status from Work, Student, & Tourist Visas

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enihcam Newbie

enihcam   0

Posted
Filed: H-1B Visa Country: China
 Timeline
Posted

Hello All,

 

First off thanks for any help.

 

Im a US citizen and Im planning on getting married to my girlfriend who is in US on H1B (currently had it for about a year). I was wondering if anyone can provide the steps along the way? We talked to a lawyer and they said we would need a K-1 visa, which doesn't seem correct to me.

 

What are the steps we should expect including interviews/documents? Wait times with the USCIS (we are located in LA)? Does anyone have any personal experience with this? Also, once we start it, will she have to stay on the H1B the entire time or would she be able to switch position?

 

Sorry if this questions has been asked before, if you have any links to previous threads or post similar to this, I would appreciate it!

 

Thanks!

KierenHby Experienced

KierenHby   900

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

Click on the Guides tab above, click on Immigration and Adjustment of Status. The lawyer's advice is incorrect as gf is in the US. 

Once married, file the following forms:
i-130

i-485
g-325a
i-864
i-765 (optional)
i-131 (optional)
g-1145 (optional) 

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

KierenHby Experienced

KierenHby   900

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

H1b is valid as long as her company keeps it valid prior to her adjustment of status. Or once her EAD is approved. 

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

Ryan H Grand Master

Ryan H   3,923

Posted
Filed: Citizen (pnd) Country: China
 Timeline
Posted

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

July 23, 2025:  Filed N-400 online

 

talile Contributor

talile   6

Posted
Filed: AOS (pnd) Country: Israel
 Timeline
Posted
On 3/15/2017 at 7:41 PM, enihcam said:

Do you know at which point when an H1B would not be necessary? Would she be able to work without one after we submit those forms?

 

Once you file her i-130, i-485, i-864 and i-765 (with all needed documents) you will have to wait 3 more months (or a bit more) and if there are no other problems she will get an updated AED

 

Tali

==  My Journey  ==

07 / 06 / 2015     Entered US for grad school on F-1 visa

06 / 05 / 2016     Started OPT

02 / 11 / 2017     Married !

03 / 02 / 2017     Mailed AoS packages

03 / 03 / 2017     AoS package arrived   ((Day 0))

03 / 09 / 2017     Received text messages and emails  ((Day 6))

03 / 15 / 2017     Received NOA via mail  ((Day 12))

03 / 20 / 2017     Cases updated online  ((Day 17))

03 / 27 / 2017     Email + text about RFIE  ((Day 24))

03 / 31 / 2017     RFIE + biometrics arrive in the mail ((Day 28))

04 / 03 / 2017     Sent back RFIE with I-130A  ((Day 31))

04 / 05 / 2017     RFIE arrived at USCIS ((Day 33))

04 / 11 / 2017     Biometrics appointment ((Day 39))

06 / 14 / 2017     Send Inquiry about EAD ((Day 103))

06 / 29 / 2017     Combo card approved ((Day 118))

07 / 08 / 2017     Combo card arrived ((Day 127))

 

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

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