Spousal Visa & Marijuana/Traveling Overseas (merged)

[Citizen24 6]

My partner & I wish to get married soon so she can change her status to a green card holder as soon as possible because she is unable to switch jobs on her current H1-B status. I see the K-1 Visa is for engaged partner overseas and CR-1 is for married partner overseas, but I'm confused what Visa Application is apt for engaged/married partner currently on a different visa status residing in the US itself.

 

That said, what does the timeline look like for K-1/CR-1/Other Visas? Will it be quicker to get engaged and apply or get married and apply? Also, will my partner get an EAD allowing her to be employed independently before her green card arrives?

 

Apologies for so many questions, I recently got naturalized and this has been something we need in our lives rather urgently. Any help is greatly appreciated! 

[appleblossom 1,308]

18 minutes ago, Citizen24 said:

My partner & I wish to get married soon so she can change her status to a green card holder as soon as possible because she is unable to switch jobs on her current H1-B status. I see the K-1 Visa is for engaged partner overseas and CR-1 is for married partner overseas, but I'm confused what Visa Application is apt for engaged/married partner currently on a different visa status residing in the US itself.

 

That said, what does the timeline look like for K-1/CR-1/Other Visas? Will it be quicker to get engaged and apply or get married and apply? Also, will my partner get an EAD allowing her to be employed independently before her green card arrives?

 

Apologies for so many questions, I recently got naturalized and this has been something we need in our lives rather urgently. Any help is greatly appreciated! 

 

It's still the same visas, even if inside the US. So CR1 if you're married, K-1 if you're not. Both take about 18 months as a rough guide. 

[Citizen24 6]

Thank you! Do you know anything about a green card EAD or how the application will impact her ability to work in the US?

[appleblossom 1,308]

1 minute ago, Citizen24 said:

Thank you! Do you know anything about a green card EAD or how the application will impact her ability to work in the US?

 

It won't impact her ability, she can continue to work on her H1-B - and she can apply for EAD too if needed, that's quicker but still around 6-8 months so factor that in. 

[Citizen24 6]

Just now, appleblossom said:

 

It won't impact her ability, she can continue to work on her H1-B - and she can apply for EAD too if needed, that's quicker but still around 6-8 months so factor that in. 

Thank you so much for the quick response!

[appleblossom 1,308]

2 minutes ago, Citizen24 said:

Thank you so much for the quick response!

 

No problem. Just saw your other thread, and yes, her smoking marijuana is potentially a big problem. She needs to stop, and you need to be prepared for a longer process - she may be required to test clear for a year before being approved.

[Lil bear 3,831]

13 minutes ago, appleblossom said:

 

It's still the same visas, even if inside the US. So CR1 if you're married, K-1 if you're not. Both take about 18 months as a rough guide. 

But the partner is looking to adjust status as they are already in the US.  Cr1 or K1 are for spouse/fiancé c residing outside the US 

 

I 485.  I 131 advanced parole I485 Employment Card 

[appleblossom 1,308]

5 minutes ago, Lil bear said:

But the partner is looking to adjust status as they are already in the US.  Cr1 or K1 are for spouse/fiancé c residing outside the US 

 

I 485.  I 131 advanced parole I485 Employment Card 

 

Am I going completely mad (always a possibility), I thought it still required I-130 even if AOS?

Edited January 29 by appleblossom

[Citizen24 6]

Hi all,

 

My partner (currently on H1-B in the US) & I (USC) want to get married soon to get her a green card status so she can be employed independently and was hoping to get some insight on what the process looks like. She does use marijuana every once in a while (legal in her state), but I'm seeing that there will be medical tests run that may disqualify her from receiving resident status. She can quit immediately but realistically, if we get married in April/May, when would the medical tests be run and does anyone know if it'll be a blood test/saliva test/hair test/etc. ?

 

The question may seem a little technical, but it has scared me into thinking there are chances of her getting disqualified from getting a green card. Aside from this, does anyone know what traveling restrictions (if any) will be imposed on her once the application is in and whether or not she can travel out of the country for a month or two?

 

Thanks in advance!

[Crazy Cat 39,267]

***Duplicate post removed***

[nastra30 1,985]

Op marry your partner. Once you have marriage certificate in hand file the following forms:

I-130, I-485, I-765, I-864, I-131

 

Good luck.

 

[GEOntificator 271]

2 hours ago, Citizen24 said:

My partner & I wish to get married soon so she can change her status to a green card holder as soon as possible because she is unable to switch jobs on her current H1-B status. I see the K-1 Visa is for engaged partner overseas and CR-1 is for married partner overseas, but I'm confused what Visa Application is apt for engaged/married partner currently on a different visa status residing in the US itself.

 

That said, what does the timeline look like for K-1/CR-1/Other Visas? Will it be quicker to get engaged and apply or get married and apply? Also, will my partner get an EAD allowing her to be employed independently before her green card arrives?

 

Apologies for so many questions, I recently got naturalized and this has been something we need in our lives rather urgently. Any help is greatly appreciated! 

Once married you will file I-130 and I-485 BECAUSE your partner is already in the US. All other visas you mentioned are for those who are currently outside. This is very important. Filing I-130 and I-485 at once is called "concurrent filing". I suggest you research this term and information about it.

 

Make sure to also file I-765 and I-131 along with I-130 and I-485. They are free.

 

Fees are likely going up beginning March so if you are thinking about it doing so soon would save you a few thousand dollars.

[pushbrk 12,115]

1 hour ago, Citizen24 said:

Hi all,

 

My partner (currently on H1-B in the US) & I (USC) want to get married soon to get her a green card status so she can be employed independently and was hoping to get some insight on what the process looks like. She does use marijuana every once in a while (legal in her state), but I'm seeing that there will be medical tests run that may disqualify her from receiving resident status. She can quit immediately but realistically, if we get married in April/May, when would the medical tests be run and does anyone know if it'll be a blood test/saliva test/hair test/etc. ?

 

The question may seem a little technical, but it has scared me into thinking there are chances of her getting disqualified from getting a green card. Aside from this, does anyone know what traveling restrictions (if any) will be imposed on her once the application is in and whether or not she can travel out of the country for a month or two?

 

Thanks in advance!

First, she would be adjusting status, not applying for a spouse visa.  Medical exams results are sent in with the initial filing, in your kind of case.

[Crazy Cat 39,267]

***Moved to Adjustment of Status from Work, Student, or Tourist Visas***

Edited January 29 by Crazy Cat

[PVR Bound 128]

I married my wife while I was on a H1-B, came back on a L1-A and only then did I AOS. Received EAD and AP but continued to work and travel on L1 until my AOS was approved and only then did I tell my employer.
 

Was nice to know I had a backup of an EAD in the event of a job loss if it were needed. 
 

@nastra30 spells it out plainly and simply…