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Someonefrombefore

Work Visa/Living in the US and getting married

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Hey, 
I used to be very active on this site a long time ago with a K1 visa, I've lived in the US for 10 years now and am sadly divorced...but that's not why I'm here.


I have a dear friend who has lived in the states for 7 years on a work visa which expires in November, she's Canadian like me.

She lives with her fiance who is an American and they want to get married. 

She was going to go through a lawyer which will cost her a crazy amount of money which I personally don't think she needs and so I said I would look into this for her.

 

I believe she can just get married and then apply to change her status? Am I right about this? What happens to her work visa? 
After they get married she can't leave the US right for a period of time?

What steps does she need to take?


Thank you for any and all help regarding this.


<3

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She can marry and file for AOS. She has entered legally and have legal status here. This is a pretty straight forward case and you are right, a lawyer is likely not needed.

 

Yes, should would not be able to leave during the adjustment process until she has authorization (AP). Current wait for EAD/AP is 4 -6 months.

 

Steps for her to take are to get married, obtain marriage documents, file I-130 and I-485 simultaneously. Send her the link to this guide...

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

 


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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*** Moved from  IR-1 / CR-1 Spouse Visa Process & Procedures to "Adjustment of Status from Work, Student, & Tourist Visas" ***


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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She can apply for AOS (I-130 and I-485 simultaneously, including I-765 and I-131) after getting married, just as @Unlockable stated. She should be totally fine to do it without a lawyer unless there are issues in her past (criminal record, etc.)

 

I can only speak to my own experience as a Canadian on a TN work status/visa going through AOS, but she can continue working as long as her work visa is valid. When she receives the EAD (work authorization) that will supersede her work visa. She could run into issues if she waits too long to get married/file AOS and her work visa expires before she gets her EAD. In that case, she would not be able to work in between the work visa expiring and receiving the EAD. It is possible to expedite the EAD if she needs to maintain work authorization, but given the long processing times, it would be wise to for her to get married and file sooner rather than later to avoid any headaches. 


AOS from TN Status

 

07/07/2018 -- Married

12/01/2018 -- Mailed AOS package (I-130/I-130A, I-485, I-864, I-765, I-131) to Chicago Lockbox

12/03/2018 [Day 1] -- AOS package received at Chicago Lockbox

12/07/2018 [Day 4] -- Credit card charged $1760 for I-130, I-485 + biometrics fee

12/11/2018 [Day 8] -- Four (4) text alerts confirming receipt of case 

12/17/2018 [Day 14] -- Four (4) hard copy NOAs received in mail (Notice Date: 12/10/2018, Priority Date: 12/03/2018) 

12/21/2018 [Day 18] -- Biometrics notice received

12/24/2018 [Day 21] -- Courtesy letter received for I-693

01/02/2019 [Day 30] -- Biometrics completed 

01/07/2019 [Day 35] -- Biometrics review completed

02/13/2019 [Day 72] -- Case is ready to be scheduled for an interview

03/22/2019 [Day 109] -- EAD/AP approved

03/29/2019 [Day 116] -- EAD/AP combo card received

04/10/2019 [Day 128] -- Interview was scheduled

04/16/2019 [Day 134] -- Interview notice received

05/21/2019 [Day 169] -- AOS interview (approval pending review)

05/29/2019 [Day 177] -- Case approved/new card is being produced

06/01/2019 [Day 180] -- Two (2) hard copy approval notices received in mail for I-130, I-485

06/05/2019 [Day 184] -- Green card received 

 

ROC window opens: 02/28/2021

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