Jump to content
greatwhitenorth

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

9 posts in this topic

Recommended Posts

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?

Share this post


Link to post
Share on other sites
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 


YMMV

Share this post


Link to post
Share on other sites

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.


Marriage: 2014-02-23 - Colombia    ROC interview/completed: 2018-08-16 - Albuquerque
CR1 started : 2014-06-06           N400 started: 2018-04-24
CR1 completed/POE : 2015-07-13     N400 interview: 2018-08-16 - Albuquerque
ROC started : 2017-04-14 CSC     Oath ceremony: 2018-09-24 – Santa Fe

Share this post


Link to post
Share on other sites

No obvious reason not to file now, and wait.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
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? 

Share this post


Link to post
Share on other sites

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.


Marriage: 2014-02-23 - Colombia    ROC interview/completed: 2018-08-16 - Albuquerque
CR1 started : 2014-06-06           N400 started: 2018-04-24
CR1 completed/POE : 2015-07-13     N400 interview: 2018-08-16 - Albuquerque
ROC started : 2017-04-14 CSC     Oath ceremony: 2018-09-24 – Santa Fe

Share this post


Link to post
Share on other sites
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.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites
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.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...