We don't live together but want to marry and apply for green card

[inlove200 0]

Hi,

Here is my story:

I came here on a F1 visa. My boyfriend (US citizen) and I have been dating for 5 years now, we lived together for 2 and a half years until I graduated. I found a job (I have a H1B visa now) elsewhere and so now we don't live together anymore. We still seeing each other whenever we can until we can be reunited and we are planning to get married. I have a few questions:

- When we get married, can I apply for the green card even though we don't live together now?

- If I can apply, will I be able to keep working while waiting for the work permit (I am planning in looking for a job where he lives once i got the new work permit)

- Also he is still a student so he does not earn much. Is it going to be a problem for the affidavit. I do earn more that the requirements , can this help?

Any help would be welcome!

[pushbrk 12,569]

Hi,

Here is my story:

I came here on a F1 visa. My boyfriend (US citizen) and I have been dating for 5 years now, we lived together for 2 and a half years until I graduated. I found a job (I have a H1B visa now) elsewhere and so now we don't live together anymore. We still seeing each other whenever we can until we can be reunited and we are planning to get married. I have a few questions:

- When we get married, can I apply for the green card even though we don't live together now?

- If I can apply, will I be able to keep working while waiting for the work permit (I am planning in looking for a job where he lives once i got the new work permit)

- Also he is still a student so he does not earn much. Is it going to be a problem for the affidavit. I do earn more that the requirements , can this help?

Any help would be welcome!

You don't need a visa. Just get married and apply to adjust your status to permanent resident. Read the guide for people married and already in the US.

[inlove200 0]

Thanks!

But the fact that we don't live together at the moment won't be a problem to adjust my status?

Hi,

Here is my story:

I came here on a F1 visa. My boyfriend (US citizen) and I have been dating for 5 years now, we lived together for 2 and a half years until I graduated. I found a job (I have a H1B visa now) elsewhere and so now we don't live together anymore. We still seeing each other whenever we can until we can be reunited and we are planning to get married. I have a few questions:

- When we get married, can I apply for the green card even though we don't live together now?

- If I can apply, will I be able to keep working while waiting for the work permit (I am planning in looking for a job where he lives once i got the new work permit)

- Also he is still a student so he does not earn much. Is it going to be a problem for the affidavit. I do earn more that the requirements , can this help?

Any help would be welcome!

You don't need a visa. Just get married and apply to adjust your status to permanent resident. Read the guide for people married and already in the US.

[pushbrk 12,569]

First, you get married, then you file to adjust status. Given your situation, I suppose you could wait to marry until you have jobs in locations where it is practical to do so, or just adjust status at that time. Another option is to have a joint domicile and another where you work. A joint lease and/or utility bills at one of the current locations would take care of that along with a joint bank account.

Is there some rush to adjust status? The point is you don't need a visa. When you do the rest is up to you.

Thanks!

But the fact that we don't live together at the moment won't be a problem to adjust my status?

Hi,

Here is my story:

I came here on a F1 visa. My boyfriend (US citizen) and I have been dating for 5 years now, we lived together for 2 and a half years until I graduated. I found a job (I have a H1B visa now) elsewhere and so now we don't live together anymore. We still seeing each other whenever we can until we can be reunited and we are planning to get married. I have a few questions:

- When we get married, can I apply for the green card even though we don't live together now?

- If I can apply, will I be able to keep working while waiting for the work permit (I am planning in looking for a job where he lives once i got the new work permit)

- Also he is still a student so he does not earn much. Is it going to be a problem for the affidavit. I do earn more that the requirements , can this help?

Any help would be welcome!

You don't need a visa. Just get married and apply to adjust your status to permanent resident. Read the guide for people married and already in the US.

[Jasman0717 9]

Good luck

[inlove200 0]

Well there is not really a rush to adjust status but the problem is I want to change job to be with him but this means that I will have to apply for a new H1B which is far from being cheap and I will have to deal with the problem of the quotas as far as work visa goes. So I thought maybe adjust of status will be an easier road as I would not have to deal with the H1 and visa issues.

Am I wrong in my assessment of the situation?

Thanks!

But the fact that we don't live together at the moment won't be a problem to adjust my status?

Hi,

Here is my story:

I came here on a F1 visa. My boyfriend (US citizen) and I have been dating for 5 years now, we lived together for 2 and a half years until I graduated. I found a job (I have a H1B visa now) elsewhere and so now we don't live together anymore. We still seeing each other whenever we can until we can be reunited and we are planning to get married. I have a few questions:

- When we get married, can I apply for the green card even though we don't live together now?

- If I can apply, will I be able to keep working while waiting for the work permit (I am planning in looking for a job where he lives once i got the new work permit)

- Also he is still a student so he does not earn much. Is it going to be a problem for the affidavit. I do earn more that the requirements , can this help?

Any help would be welcome!

You don't need a visa. Just get married and apply to adjust your status to permanent resident. Read the guide for people married and already in the US.

[pushbrk 12,569]

No, you've got it right. Since you have to leave when you lose or quit your job and would have to do so to move closer to him, yes, your assessment is right on. Even though you must spend most of your time away from his home, you can establish a mutual domicile and bank accounts. You have a perfect explanation for why your work is not near your mutual home.

Well there is not really a rush to adjust status but the problem is I want to change job to be with him but this means that I will have to apply for a new H1B which is far from being cheap and I will have to deal with the problem of the quotas as far as work visa goes. So I thought maybe adjust of status will be an easier road as I would not have to deal with the H1 and visa issues.

Am I wrong in my assessment of the situation?

Thanks!

But the fact that we don't live together at the moment won't be a problem to adjust my status?

Hi,

Here is my story:

I came here on a F1 visa. My boyfriend (US citizen) and I have been dating for 5 years now, we lived together for 2 and a half years until I graduated. I found a job (I have a H1B visa now) elsewhere and so now we don't live together anymore. We still seeing each other whenever we can until we can be reunited and we are planning to get married. I have a few questions:

- When we get married, can I apply for the green card even though we don't live together now?

- If I can apply, will I be able to keep working while waiting for the work permit (I am planning in looking for a job where he lives once i got the new work permit)

- Also he is still a student so he does not earn much. Is it going to be a problem for the affidavit. I do earn more that the requirements , can this help?

Any help would be welcome!

You don't need a visa. Just get married and apply to adjust your status to permanent resident. Read the guide for people married and already in the US.

[MargotDarko 0]

Just to note - now that you've decided to get married and adjust status, don't leave the US until it's all taken care of. You're able to adjust status now as you didn't intend to immigrate when you last entered. But if you left and entered again, it would be visa fraud to file adjustment of status as you would then intend to immigrate. You're good to go now though.

[inlove200 0]

Thanks everybody!

We already have a few things in common (insurance, benificiary, ...) so I guess we can keep working in this direction. As far as travel, I am not sure I understand the intend thing that MargotDarko is mentioning. I thought as long as I have not officially started anything I should be able to travel. Not sure I understand.

No, you've got it right. Since you have to leave when you lose or quit your job and would have to do so to move closer to him, yes, your assessment is right on. Even though you must spend most of your time away from his home, you can establish a mutual domicile and bank accounts. You have a perfect explanation for why your work is not near your mutual home.

Well there is not really a rush to adjust status but the problem is I want to change job to be with him but this means that I will have to apply for a new H1B which is far from being cheap and I will have to deal with the problem of the quotas as far as work visa goes. So I thought maybe adjust of status will be an easier road as I would not have to deal with the H1 and visa issues.

Am I wrong in my assessment of the situation?

Thanks!

But the fact that we don't live together at the moment won't be a problem to adjust my status?

Hi,

Here is my story:

I came here on a F1 visa. My boyfriend (US citizen) and I have been dating for 5 years now, we lived together for 2 and a half years until I graduated. I found a job (I have a H1B visa now) elsewhere and so now we don't live together anymore. We still seeing each other whenever we can until we can be reunited and we are planning to get married. I have a few questions:

- When we get married, can I apply for the green card even though we don't live together now?

- If I can apply, will I be able to keep working while waiting for the work permit (I am planning in looking for a job where he lives once i got the new work permit)

- Also he is still a student so he does not earn much. Is it going to be a problem for the affidavit. I do earn more that the requirements , can this help?

Any help would be welcome!

You don't need a visa. Just get married and apply to adjust your status to permanent resident. Read the guide for people married and already in the US.

Edited September 7, 2007 by alizes

[pushbrk 12,569]

Assuming the last time you entered the US, you had no intention to marry and immigrate, you may now marry and adjust status. Now that you've declared your intent to marry and adjust status, you "intent upon entry" becomes a factor. However, an H1B visa is a dual intent visa that allows marriage and status adjustment, so there may not be a problem in your case. As a student or tourist, there is.

Thanks everybody!

We already have a few things in common (insurance, benificiary, ...) so I guess we can keep working in this direction. As far as travel, I am not sure I understand the intend thing that MargotDarko is mentioning. I thought as long as I have not officially started anything I should be able to travel. Not sure I understand.

No, you've got it right. Since you have to leave when you lose or quit your job and would have to do so to move closer to him, yes, your assessment is right on. Even though you must spend most of your time away from his home, you can establish a mutual domicile and bank accounts. You have a perfect explanation for why your work is not near your mutual home.

Well there is not really a rush to adjust status but the problem is I want to change job to be with him but this means that I will have to apply for a new H1B which is far from being cheap and I will have to deal with the problem of the quotas as far as work visa goes. So I thought maybe adjust of status will be an easier road as I would not have to deal with the H1 and visa issues.

Am I wrong in my assessment of the situation?

Thanks!

But the fact that we don't live together at the moment won't be a problem to adjust my status?

Hi,

Here is my story:

I came here on a F1 visa. My boyfriend (US citizen) and I have been dating for 5 years now, we lived together for 2 and a half years until I graduated. I found a job (I have a H1B visa now) elsewhere and so now we don't live together anymore. We still seeing each other whenever we can until we can be reunited and we are planning to get married. I have a few questions:

- When we get married, can I apply for the green card even though we don't live together now?

- If I can apply, will I be able to keep working while waiting for the work permit (I am planning in looking for a job where he lives once i got the new work permit)

- Also he is still a student so he does not earn much. Is it going to be a problem for the affidavit. I do earn more that the requirements , can this help?

Any help would be welcome!

You don't need a visa. Just get married and apply to adjust your status to permanent resident. Read the guide for people married and already in the US.

[inlove200 0]

Thanks! Can anyone confirm on this:"However, an H1B visa is a dual intent visa that allows marriage and status adjustment, so there may not be a problem in your case. "?

Is it a question that is asked when we re-enter? I do not remember having to state my intentions?

Assuming the last time you entered the US, you had no intention to marry and immigrate, you may now marry and adjust status. Now that you've declared your intent to marry and adjust status, you "intent upon entry" becomes a factor. However, an H1B visa is a dual intent visa that allows marriage and status adjustment, so there may not be a problem in your case. As a student or tourist, there is.

[pushbrk 12,569]

It is common to ask the purpose of your visit but on an H1B visa, they may skip the question because of the obvious answer. I wouldn't worry about being allowed to enter. When there is an "intent" problem, it comes up at interview. Your reason for entry is your trip is over and you're going back to work.

Googling "H1B visa dual intent" will get you any confirmation you need. Here's one link.

http://www.***removed***/visas/h1b/ The dual intent section is near the bottom of the page.

Edited December 7, 2011 by Kathryn41

[inlove200 0]

Thanks guys! You are very helpful.

QUOTE (pushbrk @ Sep 7 2007, 02:03 PM) It is common to ask the purpose of your visit but on an H1B visa, they may skip the question because of the obvious answer. I wouldn't worry about being allowed to enter. When there is an "intent" problem, it comes up at interview. Your reason for entry is your trip is over and you're going back to work.

Googling "H1B visa dual intent" will get you any confirmation you need. Here's one link.

http://www.***removed***/visas/h1b/ The dual intent section is near the bottom of the page.

Edited December 7, 2011 by Kathryn41

[inlove200 0]

So, after we get married I will adjust status and get a EAD work permit to find a job closer to him. Does it mean that I have to find the job before the interview? Because I am guessing at the interview it is mandatory that the spouses live together?

Well I will hope by then that I find a job there but in case it happens late is establishing common domicile sufficient at the interview?

[inlove200 0]

Anyone?