Adjusting Status after getting married on a workers visa

[Kyrgyzfriend 0]

My Fiancée (who is from Kyrgyzstan) has applied and got accepted for a job working at InterVarsity within their 2100 Productions company for a graphic design internship. As of now we are raising support, so that she could possible start in January. We would like to get married sometime after that, probably around late summer/early fall if possible. I posted another forum question about my Fiancée coming to the States to work before marriage and one of the responses I got was that some may suggest waiting a year from when she comes into the country and then she could simply try to adjust status after the wedding. I see on here that it says that after the wedding she can apply for an adjustment of status, keeping her worker status, unless she'd use marriage-based EAD card, and as such she'd be able to travel outside/back into the States without having any advance parole. Now if she would want/need to change employers/employment, then she'd have to apply for a marriage-based EAD card. I understand that though with a marriage-based EAD card, her status will effectively be changed to "pending adjustment" based on the marriage, and as such she will need advance parole to be able travel outside/back into the States and so I don't quite understand that. I mean what is this advance parole she would need to be able to travel outside/back into the States and would the EAD card be a step towards permanent residency. See our plans involve my fiancée working at InterVarsity hopefully for at least a year (depends on how much support we can raise) and for her to become a permanent residence rather than a citizen so she can keep her citizenship to Kyrgyzstan, which in return would make it easier for when we/she would travel to visit her family and friends and in case we should ever decided to move there.

Edited May 30, 2008 by Kyrgyzfriend

[pushbrk 12,895]

My Fiancée (who is from Kyrgyzstan) has applied and got accepted for a job working at InterVarsity within their 2100 Productions company for a graphic design internship. As of now we are raising support, so that she could possible start in January. We would like to get married sometime after that, probably around late summer/early fall if possible. I posted another forum question about my Fiancée coming to the States to work before marriage and one of the responses I got was that some may suggest waiting a year from when she comes into the country and then she could simply try to adjust status after the wedding. I see on here that it says that after the wedding she can apply for an adjustment of status, keeping her worker status, unless she'd use marriage-based EAD card, and as such she'd be able to travel outside/back into the States without having any advance parole. Now if she would want/need to change employers/employment, then she'd have to apply for a marriage-based EAD card. I understand that though with a marriage-based EAD card, her status will effectively be changed to "pending adjustment" based on the marriage, and as such she will need advance parole to be able travel outside/back into the States and so I don't quite understand that. I mean what is this advance parole she would need to be able to travel outside/back into the States and would the EAD card be a step towards permanent residency. See our plans involve my fiancée working at InterVarsity hopefully for at least a year (depends on how much support we can raise) and for her to become a permanent residence rather than a citizen so she can keep her citizenship to Kyrgyzstan, which in return would make it easier for when we/she would travel to visit her family and friends and in case we would ever decided to move there.

Which visa category specifically?

[Heliosphan 1]

My Fiancée (who is from Kyrgyzstan) has applied and got accepted for a job working at InterVarsity within their 2100 Productions company for a graphic design internship. As of now we are raising support, so that she could possible start in January. We would like to get married sometime after that, probably around late summer/early fall if possible. I posted another forum question about my Fiancée coming to the States to work before marriage and one of the responses I got was that some may suggest waiting a year from when she comes into the country and then she could simply try to adjust status after the wedding. I see on here that it says that after the wedding she can apply for an adjustment of status, keeping her worker status, unless she'd use marriage-based EAD card, and as such she'd be able to travel outside/back into the States without having any advance parole. Now if she would want/need to change employers/employment, then she'd have to apply for a marriage-based EAD card. I understand that though with a marriage-based EAD card, her status will effectively be changed to "pending adjustment" based on the marriage, and as such she will need advance parole to be able travel outside/back into the States and so I don't quite understand that. I mean what is this advance parole she would need to be able to travel outside/back into the States and would the EAD card be a step towards permanent residency. See our plans involve my fiancée working at InterVarsity hopefully for at least a year (depends on how much support we can raise) and for her to become a permanent residence rather than a citizen so she can keep her citizenship to Kyrgyzstan, which in return would make it easier for when we/she would travel to visit her family and friends.

It may be better for her to come on an H1B visa and then adjust status, that way she can keep her H1B status right up until Permanent Residency and still work.

Even is she becomes a citizen of the US I doubt her country will recognize any renunciation of citizenship that's in the US Citizenship oath. Eg. My friend still maintains his Trinidadian citizenship and a Trinidadian passport even though he naturalized as US Citizen. He just uses the Trinidadian passport whenever he goes back home (although he doesn't have to) and the American one when he returns to the US.

[Kyrgyzfriend 0]

Which visa category specifically?

Not sure as to what the visa specifically will be though it will be some sort of workers visa which would allow her to work at InterVarsity for the graphic design internship.

[Saddle Bronc 124]

Advance parole is a document for USCIS to allow someone still in process of getting a Green Card to return to the US from a foreign country.

On H1-b (and many other work visas--but NOT true of TN-1***), a tempworker who gets married to a USC can do one of the following:

• continue on temp work visa till GC in hand, using the temp visa both as work permit (it is restrictive, as it is tied to a specific employer, generally)
• file I-131/I-765 for AP and EAD (the EAD removes the employer restriction, but invalidates the temp visa)

***TN-1 is a (theoretically) non-dual-intent work visa issued only to Candian citizens, generally at POE or PFI (never at consulate); probably irrelevant to your case however.

[pushbrk 12,895]

Which visa category specifically?

Not sure as to what the visa specifically will be though it will be some sort of workers visa which would allow her to work at InterVarsity for the graphic design internship.

All answers would be unreliable without this information.

[Kyrgyzfriend 0]

Which visa category specifically?

Not sure as to what the visa specifically will be though it will be some sort of workers visa which would allow her to work at InterVarsity for the graphic design internship.

All answers would be unreliable without this information.

Well yes I understand that but I don't know what are all the different work visas available though since most people tend to say a H1B visa is in hand then let's see about that one.

Edited May 30, 2008 by Kyrgyzfriend

[pushbrk 12,895]

Which visa category specifically?

Not sure as to what the visa specifically will be though it will be some sort of workers visa which would allow her to work at InterVarsity for the graphic design internship.

All answers would be unreliable without this information.

Well yes I understand that but I don't know what are all the different work visas available though since most people tend to say a H1B visa is in hand then let's see about that one.

Then I suggest you google "H1B visa dual intent" for your hypothetical question.

[Kyrgyzfriend 0]

Advance parole is a document for USCIS to allow someone still in process of getting a Green Card to return to the US from a foreign country.

On H1-b (and many other work visas--but NOT true of TN-1***), a tempworker who gets married to a USC can do one of the following:

• continue on temp work visa till GC in hand, using the temp visa both as work permit (it is restrictive, as it is tied to a specific employer, generally)
• file I-131/I-765 for AP and EAD (the EAD removes the employer restriction, but invalidates the temp visa)

***TN-1 is a (theoretically) non-dual-intent work visa issued only to Candian citizens, generally at POE or PFI (never at consulate); probably irrelevant to your case however.

How long does it usually take to adjust the status of a H1B visa after marriage and then get a green card. Once she would have a green card would she then be able to travel outside the States without needing advance parole and also have the ability to change jobs or is there any other steps we must take before that is allowed?

Edited May 30, 2008 by Kyrgyzfriend

[Saddle Bronc 124]

Advance parole is a document for USCIS to allow someone still in process of getting a Green Card to return to the US from a foreign country.

On H1-b (and many other work visas--but NOT true of TN-1***), a tempworker who gets married to a USC can do one of the following:

• continue on temp work visa till GC in hand, using the temp visa both as work permit (it is restrictive, as it is tied to a specific employer, generally)
• file I-131/I-765 for AP and EAD (the EAD removes the employer restriction, but invalidates the temp visa)

***TN-1 is a (theoretically) non-dual-intent work visa issued only to Candian citizens, generally at POE or PFI (never at consulate); probably irrelevant to your case however.

How long does it usually take to adjust the status of a H1B visa after marriage and then get a green card. Once she would have a green card would she then be able to travel outside the States without needing advance parole and also change jobs?

You can check the processing time of I-485 (marriage) at your specific USCIS Service Centre, and local office; the original visa status of the applicant is immaterial to the processing time.

Yes, once GC is in hand (including conditional GC, generally given in marriage-based cases) the holder can travel/work generally without issues.

[Kyrgyzfriend 0]

It may be better for her to come on an H1B visa and then adjust status, that way she can keep her H1B status right up until Permanent Residency and still work.

Even is she becomes a citizen of the US I doubt her country will recognize any renunciation of citizenship that's in the US Citizenship oath. Eg. My friend still maintains his Trinidadian citizenship and a Trinidadian passport even though he naturalized as US Citizen. He just uses the Trinidadian passport whenever he goes back home (although he doesn't have to) and the American one when he returns to the US.

Well I know if she does becomes a U.S. citizen then she will lose her Kirghiz citizenship, so that's why she wants to become only a permanent residence instead, so that way she will be able to keep her Kirghiz citizenship.

[Kyrgyzfriend 0]

H1B workers visa, what exactly is it?

Edited May 30, 2008 by Kyrgyzfriend

[Kyrgyzfriend 0]

Edited May 30, 2008 by Kyrgyzfriend

[Kyrgyzfriend 0]

Which visa category specifically?

Not sure as to what the visa specifically will be though it will be some sort of workers visa which would allow her to work at InterVarsity for the graphic design internship.

All answers would be unreliable without this information.

Well yes I understand that but I don't know what are all the different work visas available though since most people tend to say a H1B visa is in hand then let's see about that one.

Then I suggest you google "H1B visa dual intent" for your hypothetical question.

Thanks, that doesn't help much at all

[Kyrgyzfriend 0]

Advance parole is a document for USCIS to allow someone still in process of getting a Green Card to return to the US from a foreign country.

On H1-b (and many other work visas--but NOT true of TN-1***), a tempworker who gets married to a USC can do one of the following:

• continue on temp work visa till GC in hand, using the temp visa both as work permit (it is restrictive, as it is tied to a specific employer, generally)
• file I-131/I-765 for AP and EAD (the EAD removes the employer restriction, but invalidates the temp visa)

***TN-1 is a (theoretically) non-dual-intent work visa issued only to Candian citizens, generally at POE or PFI (never at consulate); probably irrelevant to your case however.

How long does it usually take to adjust the status of a H1B visa after marriage and then get a green card. Once she would have a green card would she then be able to travel outside the States without needing advance parole and also change jobs?

You can check the processing time of I-485 (marriage) at your specific USCIS Service Centre, and local office; the original visa status of the applicant is immaterial to the processing time.

Yes, once GC is in hand (including conditional GC, generally given in marriage-based cases) the holder can travel/work generally without issues.

Do you happen to know what's all involved in the process of adjusting a H1B visa and getting a green card, also how long do you suggest (if we'd go this route) we should wait to get married after my fiancée arrives in the States?

Edited May 30, 2008 by Kyrgyzfriend