shranjan84

You can't sponsor yourself, but your wife can still sponsor you and add your income to hers, if you will continue at the same job after you become a permanent resident. Your wife still needs to file I-864, but she can add your income to hers in question 23. Then, attach a written statement saying that she is including your income because it will continue from the same source after you become a PR. As proof, you would need to include (1) proof that you're authorized to work until you have a Green Card (i.e. H1-B visa), (2) a letter stating that you're employed and the salary, and (3) recent pay stubs showing your salary. You also need to include your tax return for last year.

thanks

"Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident."

would I be able to switch job after getting GC?

My gf working for a temp position ,so she does not earn a lot.Can I sponsor myself as I am a Full time employee with salary more than 70k?

If yes which forms we need to fill?

thanks

The only possible complication I can think of is at the adjustment interview, the IO has to have the H1-B application file (which means that the H1-B application has to be terminated and the file has to be sent to the correct field office). But that has to happen whether the H1-B is terminated now or just before the interview, so it shouldn't matter.

Thanks you all guys for support , so what i am thinking that i will start collecting documents for GC and plan my marriage by mid July.soon after that I will file for my GC as if my H1 was never filled as anyway its going to be active from October. if H1b got approved before the GC interview then I will get it cancelled.

Also I have to go to india do have marriage with Indian cultural way in December? do you think GC would be done before that?

Please advise if I am right/wrong.

You should be fine to get married. I'd wait for the H1B to complete before filing for GC - not because it would get rejected, but just because it would make filling out the forms easier.

Thanks for reply, Actually my employer relocating me to another client in another state which I do not want. So get rid of this H1b binding I am planning to marry early and apply for GC.How difficult would be filling the forms?

Hi ,

I am an indian citizen and did my MS in US in 12/2010. since then working on OPT(stem approved). My current employer filled my H1B(decision pending) on 31st may. Meanwhile me and my GF planning to get married. She is an US citizen. Would it be advisable to get married now? Also Can I apply for GC while my H1B processing already going on?

Also she is working in NY and I am working in Ohio, would it affect my GC claim?

Hi ,

I am an indian citizen and did my MS in US in 12/2010. since then working on OPT(stem approved). My current employer filled my H1B(decision pending) on 31st may. Meanwhile me and my GF planning to get married. She is a US citizen. Would it be advisable to get married now? Also Can I apply for GC while my H1B processing already going on?

Also she is working in NY and I am working in Ohio, would it affect my GC claim?

I am going for medical check up tomorrow from a civil surgeon listed on USCIS page, do I need to take care of anything or the doctor knows everything?

would it be okay If I add her on lease just after court marriage. I do not have any property other than a car, I can open a joint account with her and can take family phone plan.She frequently visits me and we have multiple pictures together since 2009. I also have pics of her with my family in India. my relatives or her relatives can confirm our bonafide relation.would all this be enough?

also would phone record b/w us help , as last 3 year I am talking to her everyday.

I am sorry that i am asking too many question but right now so much confused that I do know what to do.

They'll ask you, and they'll ask you for your addresses. They can ask you for joint leases or property titles, joint insurance policies, etc. They can even ask you what color the other's toothbrush is and who sleeps on what side of the bed.

would it be okay If I add her on lease just after court marriage. I do not have any property other than a car, I can open a joint account with her and can take family phone plan.She frequently visits me and we have multiple pictures together since 2009. I also have pics of her with my family in India. my relatives or her relatives can confirm our bonafide relation.would all this be enough?

The ceremony isn't important. Civil ceremony and party sounds fine. The marriage is more important. They will want evidence that you are a bona fide married couple, which is why I think it is important for you to live together.

how they going to inspect that we live together or not?

H-1B is a dual intent visa, so you won't have problems with marrying a US citizen and coming back with the H-1B. If you do decide to take the AOS to GC route, and if you are able to get married here in the US in a civil ceremony pretty quickly, you shouldn't have any problems with being able to travel to India in December. Most likely, assuming you won't get any RFEs or other unexpected delays along the way, you should easily have the GC by December is you're able to file in the next month or two. Even if for some reason your AOS has not been completed by then, you will have the AP travel document whih will allow you to travel internationally while the AOS is pending.

It doesn't seem to me that you have overstayed your previous status - if I understood your post correctly, you are still working under OPT, correct?

On the other hand, H-1B won't cost you anything - it will cost your employer. Like grrreat noted, you can take the H1-B now and then pursue to file for AOS on your own time schedule, without having to worry about pending travel plans or having to go through the civil ceremony in the US. Just make sure the position you would be hired for isn't subject to the H-1B cap - if it is, then you should get busy with filing for the work visa. My understanding is that the cap gets filled pretty quickly.

thanks , it was really helpful. What should be the be the extent of civil ceremony? can getting married in court and then throwing a small party would work? what would make it a bonafide relation?

if you are out of status now u have adjust your status after marriage and get the green card and that takes between 3 to 6 months. good luck

my student visa is valid till 08/2013.

This is really a personal decision I think. Do you want to get married and live as a married couple now? If so, getting married and adjustment of status is the right route. However, you may have problems proving bona fide marriage if you aren't living together. If I were a USCIS interviewer and I discovered you weren't living together, I would have serious questions.

If your employer is willing to sponsor you for a H1B, and is confident you can get it, then that is also a good course. You would be free to travel to India, get married, return on the H1B, apply for adjustment of status, and keep working until you get a Green Card. This is a less risky route if you aren't willing to live as a married couple.

would it be legal to come back to US after marrying a USC?

I had a similar case. I came to the US on an H1B visa and married my husband who is a US citizen. I applied for our AOS soon after we got married and I did it myself. You just need to follow the instructions on this site and go through the guides. I personally don't think you need a lawyer and can do it yourself, unless your case is very complicated. You can always post questions when you are stuck. Maybe you should start by going through the guides, see what forms and evidence need to be submitted and then decide if you can do it yourself.

You can look at my timeline to see when I received the EAD, but I submitted my AOS on the 1st of March and I received the EAD on the 27th of May. So if you submit your AOS soon after you get married in May, you should ideally receive the EAD before October when your H1B expires.

Good luck!!

Hi,

did u guys get married in india? or did it here in US. I am on F1 and currently my company planning to initiate my H1 ,meanwhile my GF also got USC . we planning to get married in December in india. I do not know if I should go for GC or H1b. What did advise me to show my relation a bonafide relation as she is not living with me right now.

thanks

Shashi

Hi,

I am in big dilemma,I came to us on jan 2009 to pursue my master's, graduated in December 2011 ,got my OPT ead in march 2011, since then I am working on OPT(STEM approved).Now my employer willing to sponsor my H1B and meanwhile also my fiance just got US citizenship(had oath last week) and we are planning to get married in India in December 2012.

so what would be best for me to change my status before going to India for marriage . should I do court marriage immediately and apply for GC now or let my employer apply my H1B?I cant miss the my trip to India in December as all arrangement has been made for the marriage.

I can't plan a big marriage in US, so what I need to do to make it look bonafide relation? we cant live together before Indian marriage .I do have multiple pics together since 2009 but they are not dated.

Really appreciate your help.

Thanks

Shashi

You should wait until your I-131 is approved and you get a card that gives you permission to travel. I am not sure that it will be legal to travel out of the county.

.

how much time usually this gc processing takes? did u take any attorney advise?what you would advise me make my relation with my gf look more bona fied?

thanks a lot

is it risky to travel out of US while GC processing going on even after filling form 131?

Hello all,

First of all thank you to all of you - I've been on this forum a lot to get information for assembling the AOS package. We finally have all the paper work done now and submitted it today. Here's what we sent:

To whom it may concern:

Please find enclosed the form I-130, Petition for Alien Relative and supporting documents.

• Check payable to U.S. Department of Homeland Security ($420.00)

• Form I-130

• Copy of sponsor’s birth certificate

• Certified copy of intending immigrant’s birth certificate (with certified English translation)

• Copy of the intending immigrant’s passport (biographical page)

• Copy of the intending immigrant’s passport (visa and entry stamps)

• Copy of the intending immigrant’s I-94

• Copy of the intending immigrant’s current I-20

• Copy of the intending immigrant’s verification of student enrollment

• Certified copy of marriage certificate

• Copy of the sponsor’s divorce documents

• G-325A, filled out and signed by the sponsor

• One passport-type photo of sponsor

• G-325A, filled out and signed by the beneficiary

• One passport-type photo of beneficiary

• Attachment 1 – further details on our case

• Evidence of a bona fide marriage

o Copy of car insurance

o Copy of lease of joint tenancy

o VoiceDetails Verizon Statement February – March 2012

o 10 pictures, taken on different occasions (2010-2012)

Please find here enclosed my I-485, Application to Adjust Status, (based on my admission as a F-1 student to the U.S.) and supporting documents;

• Check payable to U.S. Department of Homeland Security ($1,070.00)

• Form I-485

• Copy of the intending immigrant’s passport (biographical page)

• Copy of the intending immigrant’s passport (visa and entry stamps)

• Copy of the intending immigrant’s I-94

• Copy of the intending immigrant’s current I-20

• Intending immigrant’s verification of student enrollment

• Certified copy of intending immigrant’s birth certificate (with certified English translation)

• Certified copy of marriage certificate

• Copy of the sponsor’s divorce documents

• G-325A, filled out and signed by the beneficiary

• Two passport-type photos of beneficiary

• I-693, Report of Medical Examination and Vaccination Record

• I-864, Affidavit of Support

o Copy of sponsor’s military ID card

o Letter from commander

o 6 months LES as proof of employment

o Copy of 2011 tax return (1040) of sponsor

• Attachment 1 - further details on our case

Please find enclosed the form I-765, Application for Employment Authorization and supporting documents.

• Form I-765

• Copy of the intending immigrant’s I-94

• Copy of the intending immigrant’s current I-20

• Copy of previous EAD (from OPT)

• Copy of previous I-20, showing OPT request notice

• Copy of previous I-20, showing OPT approval notice

• Two passport-type photos of beneficiary

• Attachment 1 – further details on our case

Please find enclosed the form I-131, Application for Travel Document (Advance Parole) and supporting documents.

• Form I-131

• Copy of the intending immigrant’s passport (biographical page)

• Copy of the intending immigrant’s passport (visa and entry stamps)

• Copy of the intending immigrant’s I-94

• Form I-131 Supplement Part 7, demonstrating circumstances that warrant issuance of Advance Parole

• Copy of intending immigrant’s state ID (driver license)

• Attachment 1 – further details on our case

Hope we didn't miss anything... We felt the need to attach further details to every form we submitted to explain our different addresses (he's gone for military training), and the name on my birth certificate still states my middle name (which hasn't been used anywhere else)

I hope all this helps other people to assemble their package as well...

Here's the question I have now: I am an F-1 student and came here in 2008. All my education has been paid for by a U.S. source scholarship. I have filed tax returns for the years 2008, 2009 and 2010. Now that I am in graduate school, my new school won't issue me the forms I need to file a return. Is there any chance that they might ask for my tax returns during the interview?? Or should I just not worry about it since it is the school's fault for not issuing the form?

Hey,

I just wanted to thank you , your post would really help me to prepare for AOS. But I little confused,what did u mean Evidence of a bona fide marriage?

let me tell you my story, so that you can give me some advise

I came to us on jan 2009 to pursue my master's, graduated in December 2010 ,got my OPT ead in march 2011, since then I am working on OPT(STEM approved).Now my employer willing to sponsor my H1B and meanwhile also my fiance just got US citizenship(had oath today) and we are planning to get married in India in December 2012.

so what would be best for me to change my status before going to India for marriage . should I do court marriage immediately and apply for GC now or let my employer apply my H1B?

Thanks

Shashi

Hi,

I am in big dilemma,I came to us on jan 2009 to pursue my master's, graduated in December 2011 ,got my OPT ead in march 2011, since then I am working on OPT(STEM approved).Now my employer willing to sponsor my H1B and meanwhile also my fiance just got US citizenship(had oath today) and we are planning to get married in India in December 2012.

so what would be best for me to change my status before going to India for marriage . should I do court marriage immediately and apply for GC now or let my employer apply my H1B?

Please advise.

Thanks

Shashi