H1B - AOS - Marriage

[aziklight 0]

Hey guys,

 

I am currently on H1B. My company just applied for my I-140, and I am told that they can also apply for the AOS process right now. I am getting married this fall, but my fiancé/spouse is currently back in my home country. So, the law firm is saying it is best to wait till I get married and bring her here, and THEN start the AOS process for the both of us. Otherwise, I might have to support her as a US Permanent Resident, and her wait time could be significant. 

So, I am stuck, now.

• Should I go ahead and start the AOS process right now? 

           OR

• Should I wait, get married, bring her here and then start the AOS process?
• Will it be harder to bring my spouse here to the US while my AOS is in progress/status is pending?

Basically, I want to bring my spouse here to the US right after getting married, and not leave her back home and wait, because she has to apply for some additional documents because of my AOS pending, etc.

Has anyone been in this kind of situation?

 

Thanks!

 

[azblk 338]

You can start AOS now and use follow to join to bring your spouse over when you become a permanent resident. The only catch is you must be married before your AOS is approved. There is no way to get her here right after marriage like you want. You can try to get her H-4 or even F-1(could run into intent issues) but even with those there will be a wait.

[aziklight 0]

@azblkThank you for your input!

 

Which one do you think would be the better one of those options?

1. To start the AOS right now and apply for her H-4 while my "status is pending"?
2. Apply for her H-4 right now, and start the AOS as soon as she is here, together?

If she applies for H-4 visa to come to the US, there should not be too much wait (like as in months/years) right? The regular visa processing wait times like a few days or a week or so applies here?

 

[azblk 338]

6 minutes ago, aziklight said:

@azblkThank you for your input!

 

Which one do you think would be the better one of those options?

1. To start the AOS right now and apply for her H-4 while my "status is pending"?
2. Apply for her H-4 right now, and start the AOS as soon as she is here, together?

If she applies for H-4 visa to come to the US, there should not be too much wait (like as in months/years) right? The regular visa processing wait times like a few days or a week or so applies here?

 

The quickest way should be to apply for H4 in your country. Depending on the consulate, it should not take more than a few weeks. In what country were you born? this is important when going from H1 to i-140. Some countries like India and China have extremely long wait times.

[aziklight 0]

2 hours ago, azblk said:

The quickest way should be to apply for H4 in your country. Depending on the consulate, it should not take more than a few weeks. In what country were you born? this is important when going from H1 to i-140. Some countries like India and China have extremely long wait times.

Makes sense. Yea, that's what I was leaning towards to, as well. Make her apply for her H4, and come here after that "regular wait time for a normal visa issuance", then start the AOS for us both.

I am from Uzbekistan. Yes, I hear that same thing from my colleagues from India and China a lot.

[azblk 338]

22 minutes ago, aziklight said:

Makes sense. Yea, that's what I was leaning towards to, as well. Make her apply for her H4, and come here after that "regular wait time for a normal visa issuance", then start the AOS for us both.

I am from Uzbekistan. Yes, I hear that same thing from my colleagues from India and China a lot.

First you have to get married legally

[aziklight 0]

11 hours ago, azblk said:

First you have to get married legally

Hahah. Yes, that’s the plan lol