Adjustment status from O-1B visa (marriage to US citizen)

[greatwhitenorth 0]

Hello everyone,

My husband is a Canadian living in the States with an O-1B visa for extraordinary talent. We were married in October 2017, and his visa is able to be renewed in February 2020 for a one-year extension.

 

We want to start the green card process, but I am now aware that if we file after our two-year anniversary, it will be simpler in the long run. 

 

However, I am unsure what to do about his work status if the O-1B visa can potentially expire in February in the middle of the process. I know when we start the process, the foreign spouse is usually given a temporary visa so they can stay until the process is completed. If he also renews the O1-B visa in February after we've filed the paperwork, will that screw everything up? I am concerned that if we don't renew, he will still legally be able to be in the United States but unable to work until the green card process is completed.

 

Has anyone else had experience with transitioning from this particular visa type, and how it affected their work capability?

[payxibka 10,044]

6 minutes ago, greatwhitenorth said:

Hello everyone,

My husband is a Canadian living in the States with an O-1B visa for extraordinary talent. We were married in October 2017, and his visa is able to be renewed in February 2020 for a one-year extension.

 

We want to start the green card process, but I am now aware that if we file after our two-year anniversary, it will be simpler in the long run. 

 

However, I am unsure what to do about his work status if the O-1B visa can potentially expire in February in the middle of the process. I know when we start the process, the foreign spouse is usually given a temporary visa so they can stay until the process is completed. If he also renews the O1-B visa in February after we've filed the paperwork, will that screw everything up? I am concerned that if we don't renew, he will still legally be able to be in the United States but unable to work until the green card process is completed.

 

Has anyone else had experience with transitioning from this particular visa type, and how it affected their work capability?

You would file the i130/ I485/I131/I765.  Once the i765 is approved he will have work authorization.  If there is a gap between is o1b status and i765 approval he will need to stop working 

[Russ&Caro 1,548]

How is it simpler to wait until your 2 yr anniversary to file?

 

If you're referring to the difference btwn being issued a 2 yr green card where you have to file the i751 to remove conditions vs a 10 yr green card, this difference is not based on the filing date but instead on the issue date. If you file today, there is almost no way that your green card will be issued prior to October 2019. So it is highly likely that you will be issued a 10 year green card no matter when you file as your 2 yr anniversary will have passed during the time your application is pending.

[Boiler 43,430]

No obvious reason not to file now, and wait.

[greatwhitenorth 0]

44 minutes ago, Russ&Caro said:

How is it simpler to wait until your 2 yr anniversary to file?

 

If you're referring to the difference btwn being issued a 2 yr green card where you have to file the i751 to remove conditions vs a 10 yr green card, this difference is not based on the filing date but instead on the issue date. If you file today, there is almost no way that your green card will be issued prior to October 2019. So it is highly likely that you will be issued a 10 year green card no matter when you file as your 2 yr anniversary will have passed during the time your application is pending.

Ohhhh, I thought it was based on when you filed the paperwork, not when the green card is issued. That's very helpful, thank you

 

If that is the case, and his O1-B visa is in effect until next February, then I shouldn't file the i765, correct? 

[Russ&Caro 1,548]

Yup, go for it. But in this case I believe you will want to file the i130, i864 and i485. Heres a link to the guide.

 

By the way, you didn't state it in your post, but we're assuming you are a US citizen and are filing on behalf of your Canadian spouse.

[arken 4,197]

39 minutes ago, greatwhitenorth said:

Ohhhh, I thought it was based on when you filed the paperwork, not when the green card is issued. That's very helpful, thank you

 

If that is the case, and his O1-B visa is in effect until next February, then I shouldn't file the i765, correct? 

File for i765 too since it’s free anyway if filed with i485. In case of lengthy processing and O1B expiry, he can use EAD to work.

[greatwhitenorth 0]

31 minutes ago, arken said:

File for i765 too since it’s free anyway if filed with i485. In case of lengthy processing and O1B expiry, he can use EAD to work.

It won't conflict if he has O-1B and EAD in the system at the same time? 

 

1 hour ago, Russ&Caro said:

Yup, go for it. But in this case I believe you will want to file the i130, i864 and i485. Heres a link to the guide.

 

By the way, you didn't state it in your post, but we're assuming you are a US citizen and are filing on behalf of your Canadian spouse.

Correct, I am a US citizen and he is Canadian.

[arken 4,197]

8 minutes ago, greatwhitenorth said:

It won't conflict if he has O-1B and EAD in the system at the same time? 

 

Correct, I am a US citizen and he is Canadian.

No conflicts. He can simply keep EAD and use it upon necessary.