H2B to K3??????????????

[hope lost 0]

Hello, I am not sure were I should post this so if it should not be here, sorry.

About 6 months ago I met the most wonderous woman, she is from the Phillipines and here on a H2B Visa. She has been here for over a year. We would like to get married but we are not sure what her status would be afterwards. I have some questions and hopefully someone here will know the answer. Here it goes...

1. I read that if somone is already here with a visa or something and they happened to get married that imigration will allow them to stay. Is this true?

2. If the above is true, while her paperwork is pending, can she work?

3. How long may it take before she would be able to go home for a visit?

4. How long will the paperwork take? (not important if she can still work while the paper work is goin)

Thanks, if I think of other things I will ask.

[pretty 0]

Hello, I am not sure were I should post this so if it should not be here, sorry.

About 6 months ago I met the most wonderous woman, she is from the Phillipines and here on a H2B Visa. She has been here for over a year. We would like to get married but we are not sure what her status would be afterwards. I have some questions and hopefully someone here will know the answer. Here it goes...

1. I read that if somone is already here with a visa or something and they happened to get married that imigration will allow them to stay. Is this true?

2. If the above is true, while her paperwork is pending, can she work?

3. How long may it take before she would be able to go home for a visit?

4. How long will the paperwork take? (not important if she can still work while the paper work is goin)

Thanks, if I think of other things I will ask.

Just file concurrently I-130, I-485, I-765 (if she wants to work) because her status will be changed from H-2B to out of status and she can't work without auhtorization. If she wants to travel abroad, she has to file an Advance Parole.

Check the guide here in VJ: http://www.visajourney.com/forums/index.ph...page=i130guide2 or

this site :http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1847c9ee2f82b010VgnVCM10000045f3d6a1RCRD&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1RCRD

[Alt name 1]

Concur, and best of luck to the two of you

[hope lost 0]

Thanks and sorry abouot the delay. If I understand it, we should be fine and she would be able to stay. It says if she came here with the intent or we are already married. Being we met a year after she got here and if we was to get married, she should be be able to stay (no intent before)(no marriage before coming here) Is that correct?

If thats the case, how long would she be out of status before she could work?

[payxibka 10,047]

Thanks and sorry abouot the delay. If I understand it, we should be fine and she would be able to stay. It says if she came here with the intent or we are already married. Being we met a year after she got here and if we was to get married, she should be be able to stay (no intent before)(no marriage before coming here) Is that correct?

If thats the case, how long would she be out of status before she could work?

H2B visas are dual intent visas so the relationship timelines are not important per se

[hope lost 0]

Thanks and sorry abouot the delay. If I understand it, we should be fine and she would be able to stay. It says if she came here with the intent or we are already married. Being we met a year after she got here and if we was to get married, she should be be able to stay (no intent before)(no marriage before coming here) Is that correct?

If thats the case, how long would she be out of status before she could work?

H2B visas are dual intent visas so the relationship timelines are not important per se

I dont understand what you meen by that, Can you explain it in simple terms please>?

[payxibka 10,047]

dual intent means you can have either non-immigrant or immigrant intent... so it does not matter what her intent was or how your relationship developed (before, during or after) her arrival

[hope lost 0]

Ahh ok, so she would have to exit back to the philipines? I would think that Immigration would let her stay as she was already here. She told me last night that one of her friends just got married several months ago and Immigration hasnt made her leave yet. THis is all so confusing.

[payxibka 10,047]

Ahh ok, so she would have to exit back to the philipines?

No... if she is here and is now married to a USC, then she can remain while her status is adjusted if you want... No additional visa required. Should she decide to leave or if her current status is expired before adjustment applied for then the answer may be different.

Edited January 4, 2008 by fwaguy

[pretty 0]

First thing first, get married before your fiancee's visa expires, gather all supporting documents after marriage, i.e. joint bank account, joint cable bills, joint electric bill, joint water bill, joint credit card if you can, put her name as your beneficiary in your insurance, etc. to support a bona fide marriage. If you have all the above documents or part of them, file concurrently. She doesn't need to exit back to the Philippines as long as you get married here in the US. She can't work though after her current visa expires, she needs to wait for her EAD card to resume work. VJ has a guide on how to adjust status to green card and check it out, it is very helpful.

Here are the documents to file concurrently:

1. I-130

2. I-485

3. I-765

If she wants to visit the Philippines after marriage, file an Advance Parole.

[hope lost 0]

Thank you guys, so very much. I have one more question now. She wants to remain in Orlando till her contract expires in July. I live in Idaho so she has been flying here at least once a month for us to be together. We plan on getting married in March, so my question is, If we remain apart till July after marriage, is this going to be a issue with Imigration? I heard that they might look at it as a sham marriage being we dont live together. Any body know any thing about that? Thanks again for everyones response.

[angel eye 0]

First thing first, get married before your fiancee's visa expires, gather all supporting documents after marriage, i.e. joint bank account, joint cable bills, joint electric bill, joint water bill, joint credit card if you can, put her name as your beneficiary in your insurance, etc. to support a bona fide marriage. If you have all the above documents or part of them, file concurrently. She doesn't need to exit back to the Philippines as long as you get married here in the US. She can't work though after her current visa expires, she needs to wait for her EAD card to resume work. VJ has a guide on how to adjust status to green card and check it out, it is very helpful.

Here are the documents to file concurrently:

1. I-130

2. I-485

3. I-765

If she wants to visit the Philippines after marriage, file an Advance Parole.

thank u so much for the info u are sharing with us. i am right now here in orlando because my work is in here and i would really wanna finish my program here before i get to settle with my fiance in idaho where he lives. will that be an issue? i also plan on going back home in manila for a visit , is it best to do before marrying him or after the marriage? thank u again..

[pushbrk 13,079]

First thing first, get married before your fiancee's visa expires, gather all supporting documents after marriage, i.e. joint bank account, joint cable bills, joint electric bill, joint water bill, joint credit card if you can, put her name as your beneficiary in your insurance, etc. to support a bona fide marriage. If you have all the above documents or part of them, file concurrently. She doesn't need to exit back to the Philippines as long as you get married here in the US. She can't work though after her current visa expires, she needs to wait for her EAD card to resume work. VJ has a guide on how to adjust status to green card and check it out, it is very helpful.

Here are the documents to file concurrently:

1. I-130

2. I-485

3. I-765

If she wants to visit the Philippines after marriage, file an Advance Parole.

thank u so much for the info u are sharing with us. i am right now here in orlando because my work is in here and i would really wanna finish my program here before i get to settle with my fiance in idaho where he lives. will that be an issue? i also plan on going back home in manila for a visit , is it best to do before marrying him or after the marriage? thank u again..

I don't think it matters when you visit Manila. Yes, not only can you finish you program but if you check the terms of your visa, I believe it says you must leave the US if you leave your job. We had one member denied their status adjustment last summer because they stayed after leaving their job, even though AOS was pending when they left their job.

I think the best plan is to marry and file AOS ASAP, then simply deal with the dual residence as best you can. One way to do that is to go ahead and get each other on record as living in one or both your addresses. People do have multiple homes. You can also comingle your finances, change beneficiaries and all the other things married people do. The make sure to save all evidence of travel between Idaho and Florida for each of you. Your evidence of bona fides will need to be very strong if you're not together full time.

[hope lost 0]

First thing first, get married before your fiancee's visa expires, gather all supporting documents after marriage, i.e. joint bank account, joint cable bills, joint electric bill, joint water bill, joint credit card if you can, put her name as your beneficiary in your insurance, etc. to support a bona fide marriage. If you have all the above documents or part of them, file concurrently. She doesn't need to exit back to the Philippines as long as you get married here in the US. She can't work though after her current visa expires, she needs to wait for her EAD card to resume work. VJ has a guide on how to adjust status to green card and check it out, it is very helpful.

Here are the documents to file concurrently:

1. I-130

2. I-485

3. I-765

If she wants to visit the Philippines after marriage, file an Advance Parole.

thank u so much for the info u are sharing with us. i am right now here in orlando because my work is in here and i would really wanna finish my program here before i get to settle with my fiance in idaho where he lives. will that be an issue? i also plan on going back home in manila for a visit , is it best to do before marrying him or after the marriage? thank u again..

I don't think it matters when you visit Manila. Yes, not only can you finish you program but if you check the terms of your visa, I believe it says you must leave the US if you leave your job. We had one member denied their status adjustment last summer because they stayed after leaving their job, even though AOS was pending when they left their job.

I think the best plan is to marry and file AOS ASAP, then simply deal with the dual residence as best you can. One way to do that is to go ahead and get each other on record as living in one or both your addresses. People do have multiple homes. You can also comingle your finances, change beneficiaries and all the other things married people do. The make sure to save all evidence of travel between Idaho and Florida for each of you. Your evidence of bona fides will need to be very strong if you're not together full time.

So if we get married in march, she will be out of status in july and being her visa expires at that time, she would have to exit? If we got married say asap and got filed asap she would finish her contract and the AOS is approved in July, all is good right? I just want to make sure I understand.

[pushbrk 13,079]

First thing first, get married before your fiancee's visa expires, gather all supporting documents after marriage, i.e. joint bank account, joint cable bills, joint electric bill, joint water bill, joint credit card if you can, put her name as your beneficiary in your insurance, etc. to support a bona fide marriage. If you have all the above documents or part of them, file concurrently. She doesn't need to exit back to the Philippines as long as you get married here in the US. She can't work though after her current visa expires, she needs to wait for her EAD card to resume work. VJ has a guide on how to adjust status to green card and check it out, it is very helpful.

Here are the documents to file concurrently:

1. I-130

2. I-485

3. I-765

If she wants to visit the Philippines after marriage, file an Advance Parole.

thank u so much for the info u are sharing with us. i am right now here in orlando because my work is in here and i would really wanna finish my program here before i get to settle with my fiance in idaho where he lives. will that be an issue? i also plan on going back home in manila for a visit , is it best to do before marrying him or after the marriage? thank u again..

I don't think it matters when you visit Manila. Yes, not only can you finish you program but if you check the terms of your visa, I believe it says you must leave the US if you leave your job. We had one member denied their status adjustment last summer because they stayed after leaving their job, even though AOS was pending when they left their job.

I think the best plan is to marry and file AOS ASAP, then simply deal with the dual residence as best you can. One way to do that is to go ahead and get each other on record as living in one or both your addresses. People do have multiple homes. You can also comingle your finances, change beneficiaries and all the other things married people do. The make sure to save all evidence of travel between Idaho and Florida for each of you. Your evidence of bona fides will need to be very strong if you're not together full time.

So if we get married in march, she will be out of status in july and being her visa expires at that time, she would have to exit? If we got married say asap and got filed asap she would finish her contract and the AOS is approved in July, all is good right? I just want to make sure I understand.

Yes, I think that is the best plan. AOS can be approved before that. Consider carefully what address you use when filing. She will need to travel to a the USCIS office most local to the address you use in order to do biometrics and interview. You may find it makes more sense to list your address as hers in Florida. The fact you have a second residence in Idaho is of no real consequence. The legal marriage in Florida will help expedite this but it is not critical.