slangofoil

I have a friend who's an H1-B holder from Ireland, still working for his sponsoring employer. He's marrying an American soon and will apply for adjustment of status. Does he need to apply for Advance Parole in order to leave and return during the process?

Also, should he apply for EAD or remain under the H1-B status?

Thanks!

Don't wait that long. Get it in the mail and she can send off the response and have peace of mind before leaving to visit. Best way forward.

Congrats Chalupatato!

If you want to pursue him staying and adjusting status I think I would get married now and start building evidence that will help counter the living apart issue (joint bank accounts, credit cards, 2015 taxes filed together when the time comes, frequent visits). Getting married now as opposed to right before his OPT expires will probably look better to USCIS.

Otherwise you can consider getting married soonish and going through the CR-1 process - he can stay while the I-130 petition is in process, then go to his home country either when his OPT expires or it's time for the CR-1 interview (whichever comes first) and then come back on the CR-1.

Thanks! That wording is far more specific than on the N-400 and seems to only compel a permanent resident to register. If he became one on his 26th birthday it looks like he was one day away from being out of compliance

Yes, I recall being worried based on the N-400 application wording, but the interview letter is, indeed, a lot clearer and eased my mind. Pretty funny how he became a PR right on his birthday! It was a nice gift!

How old was he when he submitted his N-400? As I understand it, once you hit 31 it basically becomes moot anyway (e.g. if you failed to register, you can wait until you reach the age of 31), and prior to 31 you need to make a case with USCIS, so it's then up to their discretion as to whether your excuse is satisfactory or not if you didn't file.

There are other permanent damages incurred by not registering, such as access to certain government things, so it may behoove anybody unsure to just do so anyway. I have no idea if registering fallaciously is a bad thing; i.e. if you come in on a temporary visa and you register, do they care?

He was/is 29. I don't think the SS registration came up at all during his interview.

I just went hunting for a copy of an interview letter online and found one, so here's the text that discusses SS registration:

13. If registered with the Selective Service, bring proof of such. If you did not register with the Selective Service and you are (1) male, (2) over 26 years old, (3) were born on or after January 1, 1960, and (4) were a Permanent Resident between the ages of 18 and 26 when you failed to register, explain your failure to register and bring:

A "Status Information Letter" from the Selective Service. (Call the Selective Service at 1-847-688-6888 for more information).

He meets the conditions of 1, 2 and 3, but not 4, because his green card date is his 26th birthday, so he was not a Permanent Resident prior to that. It was based on this wording that I felt comfortable that we were correct in not registering him. And, as I said, he wasn't asked about it at interview.

I've wondered for a while if my husband should have registered after entering on a K-1 and before getting his green card. He got his green card on his 26th birthday, did not register, and is now a citizen as of Friday. The wording regarding SS registration on the N-400 interview letter seemed to indicate to me that he had been correct in not registering, but of course I don't have the interview letter now to reference.

The way you were thinking about it was correct. They are not asking for year-to-date income, but current annual income, so what you submitted should have been sufficient.

What did the letter from your employer say? Did it include your start date, # of hours worked per week, annual salary? I know you said you wrote it down, but does the employer letter confirm the amount you're making?

If you respond to the RFE before April 15th then the "most recent tax year" is still 2013. It's only after April 15th tax filing deadline that 2014 information would be needed.

Just to confirm, it's just you and the hubby for your household, right? You don't have 5 kids or anything like that?

He doesn't need an SSN to get married. He should be able to apply for it a few days after entering, but if he doesn't have it before the wedding it doesn't matter. If the marriage license asks for an SSN just leave it blank.

You're right, slangofoil, I've been worried about it too. The lawyer says I do not need pardon for that overstay but considering she forgot to mention the photos to send as part of the IV package, it makes me question her judgement and expertise (even though she is charging an arm and a leg for her services).

Thanks again, Saylin, I'm going to go out and get pictures taken tomorrow and transfer files to my husband and let him print them out and send them in. The lawyer for some reason mentioned two photos before but only that I needed to have them for the interview. I find this conflict of information rather worrisome, as I've been relying on her to do her job properly and provide accurate information. We're going to send in the pictures and then call the lawyer after the holidays to get an explanation from her and to check again about the F-1 overstay which has caused me quite a bit of worry.

There are plenty of stories here of lawyers being incompetent or screwing up people's cases somehow.

An overstay past 365 days is a 10-year ban. I don't know anything about an F-1 that would make that rule not apply. There were a lot of questions in your initial post, so I suggest you make a separate post specifically addressing the overstay question in the waivers forum: http://www.visajourney.com/forums/forum/113-waivers-i-601-and-i-212-and-administrative-processes-221g/

Good luck.

I'd still be worried about the F-1 overstay. I'm surprised no one has commented on that. I really don't know enough about overstays to say much, but I hope someone who does will come along.

POE is wherever you go through US immigration first. For my now-husband his POE was actually in Shannon, Ireland, before he even boarded the plane to fly to New York - because the US has immigration inspections set up there.

My apologies. I do not know the difference. As I didn't go that route, I know practically nothing about either.

CR-1 is for couples married less than two years - gets the immigrant a conditional 2-year green card, and they need to remove conditions later. IR-1 is for couples married more than two years - gets the immigrant a 10-year green card, no ROC later.

Any chance you marked the sex of one of you incorrectly, and they think you're a same-sex couple? In that case you could only be married in certain states.

Pretty strange otherwise. But there's not much you can do other than draft a letter stating what they ask and signed by both of you.

Unless they were below the filing threshold. I didn't file while I lived in Ireland, because my income was below the threshold that requires filing (which was about $9k at the time...now it's a little over $10k). Not sure if this is the case for the OP, but it could be if they were a student, volunteering, etc.

For AOS, the I-864 only actually requires the most recent year's tax transcript be submitted. The instructions say you can submit additional years if you feel it will help, but it's not required. I included a note in our AOS that I was not required to file for 2008 due to income being below the minimum threshold (included this only because, though you are not required to submit more than the previous year's transcript, it does ask you to assert that you filed the last three years).

And more importantly, a search of VJ topics indicates that co-sponsors for K-1s are rarely accepted in Bangkok. The embassy can ask for 3 years of tax returns if they want, but if they're not available then they're not available. I think the OP has a good chance of being approved with the current income after nearly a year of working.

You've been at your job for 4 months, and it will probably be another 6 months or more before your fiancee goes for interview. By then you'll have almost a full year of work behind you. You shouldn't need a co-sponsor. Your income exceeds the poverty guidelines. Your 2014 tax transcript, a history of pay stubs, and a letter from your employer verifying your employment should be sufficient at the time of interview.

I had moved back to the US and only been employed a year at the time my then fiance had his K-1 interview and we were fine without a co-sponsor.

I find the seizing of someone's passport at POE to be highly suspect, but I admit to not having much knowledge of this particular area.

I would jump at the chance to gain citizenship of an EU country. It would open so many doors in terms of where you could live and work.

Happy anniversary! Love to hear happy stories.

No one will advise you to "Get married in States and play dumb, apply for AOS" as it's fraud, and a breach of this site's TOS to encourage it.

Agree with Penguin. Get married now and start the CR-1 process.

My husband went without me - no problems for him. The spouse doesn't get to go into the interview room.

ETA: I would have gone with him if it was convenient - but it was more convenient for me to stay home with our daughter than to take her with us.

Slangofoli,

How can I apply for SSN? I will go to USCIS without any appointment? I read I have to have SS5 form. Where I can find this form? What other docs should I have to get SSN?

thank you!

USCIS does not give out SSNs. A different government agency - Social Security Administration - handles that. Follow the instructions at http://www.ssa.gov/ssnumber/. You can print the form and find a local office to submit it. I think you just need the form and your passport for the request.

Thanks Slangofoli,

Do you know about SSN? After we will get married we will apply for AOS. How I can get SSN? Do you I need SSN? Or I can just work with EAD. Is EAD the same as SSN?

Thank you for answer.

You can get an SSN by going to the Social Security office about a week after arrival. You don't need an SSN to get married, but you will need it eventually when you want to work, so go ahead and get it shortly after arrival. EAD is separate - file for that and AP at the same time as AOS. You can't work with just the SSN - need EAD too.

Slangofoil,

Thank you. I-94 is a form that Homeland Security will give me in the airport? Or its something what I have to fill out after arrival?

Sorry for me question. I am new in immigration process. I want to know what i have to do. Thank you.

It's your arrival/departure record from when you go through customs at arrival - I've heard that they've gone electronic with the actual form, so you won't receive a copy - but your passport will be stamped to show you're admitted for 90 days as a K-1.

Just don't get confused and think that the expiry date on the actual K-1 visa is applicable after you arrive. You have to enter the US before the expiry date of the visa, but after arrival the date that matters is the one that customs stamps in your passport when you go through.

Your K-1 is null and void after entry. It's the I-94 that gives you 90 days of authorized stay. Best to get married and file for AOS before the 90 days is up, because the receipt for AOS gives you another period of authorized stay while the AOS is pending. But technically you can still file for AOS beyond the 90 days.

Your question is not really clear, especially without more info on your timeline.

You can get married anywhere within the US, after entering on the K-1. Do not get married before entering on the K-1, or your visa is no longer valid.