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Someonefrombefore

Work Visa/Living in the US and getting married

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

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Someonefrombefore Rookie

Someonefrombefore   4

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Filed: Other Country: Canada
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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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Unlockable Mentor

Unlockable   7,306

Posted
Filed: Citizen (pnd) Country: Dominican Republic
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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 all.” - Unlockable

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Unlockable Mentor

Unlockable   7,306

Posted
Filed: Citizen (pnd) Country: Dominican Republic
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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 all.” - Unlockable

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D&D_NYC Explorer

D&D_NYC   58

Posted
Filed: Lift. Cond. (apr) Country: Canada
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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. 

Removal of Conditions

 

02/08/2021 — Received hard copy Reminder to File Form I-751 in mail (Notice Date: 02/04/2021, Priority Date: 02/03/2021) 

02/28/2021 — ROC window opens

05/05/2021 — Mailed ROC package (I-751) to Phoenix Lockbox

05/07/2021 [Day 1] — ROC package received at Phoenix Lockbox

05/21/2021 [Day 14] — Check for $680 cashed

05/24/2021 [Day 17] — Text notification received & hard copy NOA1 in mail from Vermont Service Center (Received Date: 05/07/2021, Notice Date: 05/20/2021)

06/01/2021 [Day 25] — Case updated to show fingerprints were taken

06/05/2021 [Day 29] — Hard copy biometrics waiver received in mail (Notice Date: 06/01/2021)

11/08/2021 [Day 185] — Hard copy NOA1 received in mail to extend validity from 18 months to 24 months (Notice Date: 11/01/2021)

12/10/2022 [Day 582] — New card is being produced

12/13/2022 [Day 585] — Case was approved 

12/17/2022 [Day 589] — Hard copy approval notice received in mail (Notice Date: 12/10/2022) and green card mailed

12/21/2022 [Day 593] — 10-year green card received 

 

Adjustment of 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

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

01/02/2019 [Day 30] — Biometrics 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

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

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

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

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