0-1 to green card?

[slapointe 0]

Hello all,

I'm Canadian, and currently working on a 0-1 Visa. My wife and I got married in Canada, but since my 0-1 application was already being processed, we didn't apply for any K visa at the time. Can we apply for adjustment from 0-1 to the green card?

[wallythedog 0]

Hello all,

I'm Canadian, and currently working on a 0-1 Visa. My wife and I got married in Canada, but since my 0-1 application was already being processed, we didn't apply for any K visa at the time. Can we apply for adjustment from 0-1 to the green card?

I don't know anything about that visa, but you could call the helpline and ask them.

U.S. Citizenship and Immigration Services (USCIS) toll-free: 1 (800) 375-5283

My situation was quite unusual and they helped me figure out what was possible, which forms I needed and helped me fill them out. 6 months later, I got my green card. However, you can spend 30 minutes or more on hold waiting to talk to someone....

Good luck!

[JubJub 0]

"The O-1 nonimmigrant visa category applies to foreigners of extraordinary ability in the arts, athletics, sciences, education, business, or the motion picture or television industry who are coming to the United States to perform temporary services relating to an event or events."

O-1 requires that you maintain a foreign residence. Definitely give USCIS a call for help with this.

As an aside, what field do you have extraordinary ability in?

[slapointe 0]

O-1 requires that you maintain a foreign residence. Definitely give USCIS a call for help with this.

As an aside, what field do you have extraordinary ability in?

I'm a violinist with a symphony orchestra.

I already got in touch with the USCIS phone help line. The lady I spoke to fill out a I-130 and 485 and all accompanying forms, so I think I know what I'm doing, but I'm never sure if I get the best advice from them. I have a history of getting help and recommended the wrong forms in many situations in the past.

Thanks for your help! Looks like you guys are a great bunch here! I look forward to bug you some more as we fill out the forms and play the waiting game!

Edited July 22, 2006 by slapointe

[john_and_marlene 162]

Permanent resident status is generally available to an O-1 alien and O-3 dependents of an O-1 alien. As with any alien, permanent residency is acquired either through entry into the US on an immigrant visa granted by a US consulate abroad or by adjustment of status in the US through the USCIS (formerly known as the INS). The factors that would prevent an O-1 alien from obtaining an immigrant visa or adjustment of status are those factors that would apply to any alien, such as periods of being out of status or being subject to the J-1 two-year foreign residency requirement. NOTE: that although an alien subject to the J-1 two-year foreign residency requirement may obtain O-1 status, such a person may not adjust status to permanent resident or get an immigrant visa until the foreign residency requirement has been fulfilled or a waiver of the requirement is obtained. Further, an approved labor certification or a filed immigrant petition will not jeopardize one's O-1 status or ability to obtain an O-1 visa.

http://www.hooyou.com/o-1/changetoothr.html

[slapointe 0]

Permanent resident status is generally available to an O-1 alien and O-3 dependents of an O-1 alien. As with any alien, permanent residency is acquired either through entry into the US on an immigrant visa granted by a US consulate abroad or by adjustment of status in the US through the USCIS (formerly known as the INS). The factors that would prevent an O-1 alien from obtaining an immigrant visa or adjustment of status are those factors that would apply to any alien, such as periods of being out of status or being subject to the J-1 two-year foreign residency requirement. NOTE: that although an alien subject to the J-1 two-year foreign residency requirement may obtain O-1 status, such a person may not adjust status to permanent resident or get an immigrant visa until the foreign residency requirement has been fulfilled or a waiver of the requirement is obtained. Further, an approved labor certification or a filed immigrant petition will not jeopardize one's O-1 status or ability to obtain an O-1 visa.

http://www.hooyou.com/o-1/changetoothr.html

Looks like that won't affect me though. I also already have labor certification.