lordm

Hi everyone

I am a US citizen and my fiancee is a foreign national who currently lives overseas. I was planning on filing for her K1 visa to bring  her here, but she also has an approved H1B petition. She will be coming to the US on the H1B visa next month and we intend to get married in the US. I have a few questions 

1. Will there be any issues adjusting status from H1B? I understand that H1B is also a dual-inent visa (like K1) but unlike K1, the intent of H1B visa is to work in the US and not marry a US citizen. I am a little worried if USCIS would assume that her original intent was to marry a citizen. 

2. We plan live in different cities after marriage for a while until she gets her EAD, as her H1-B job is not in the same city where I live. Will this be a problem to prove the bona-fide marriage since we are not living together? Once she gets her EAD, she plans to move in with me and find another job where I live. 

3. Alternatively, she could leave her H1-B job after marriage and move in with me. Would that cause any issues since she will no longer have her H1 status?

4. Also, do you guys recommend changing the last name after marriage and then filing for the I-301/I-485 with the married name or file with the maiden name? 

Thanks for your help!

1 hour ago, Nee & Kam said:

Takes a 4-10hr or sometimes a day to show online. Try checking in the evening.

 

Congrats @Pran34, i did check my I485 and i see my Student EAD A# listed on the I485 - i completely forgot that EAD had a A#. 

Couple of questions, does the Oath Letter also show up in online Docs ,as Bio metrics or it comes only as snail-mail.

I am hoping name change and govt shutdown doesn't prolong, after interview process.

The oath letter showed up online a day after I received the text. Snail mail came about a week later. 

My understanding is that shutdown does not affect USCIS appointments and oath ceremonies as they are fully funded by the application fees. 

2 hours ago, Sam Kam said:

that can't be fully true. There are folks on this forum who have been waiting for more than 4 months. @lordm when did you file?

The range is 4 - 13 months. The first value is the median time (50% of the cases) and the second value is for 93% of cases. So all folks waiting for more than 4 months are within this range.  Earlier this range was 8 - 18.5 months (if I remember right)

I filed on July 1st.

Just saw the median processing time for N400 cases in Detroit drop from 8 months to 4 months.

https://egov.uscis.gov/processing-times/

Hopefully, pending cases will move faster.

54 minutes ago, Lemon23 said:

here you go. Code is based on what kind of application you're applying for.

 

https://www.avvo.com/legal-answers/what-is-code-5-in-biometric---3186096.html

Code 5 generally means that they will take 4 finger prints of right hand, plus photo and signature. The technician has to verify whether the prints are already in the system in order to save time.

Btw, did anyone receive N400 biometrics with any other codes?