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saj102965

Question about getting married in US while fiance is in US on H2B Visa

By saj102965 in IR-1 / CR-1 Spouse Visa Process & Procedures

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saj102965 Enthusiast

saj102965   1

Posted
Filed: AOS (pnd) Country: South Africa
 Timeline
Posted

My fiance is currently in US on a H2B Visa and we are thinking about getting married, but if we do can he stay in the US while it is being processed or is he required to return to his country for the interview. He was told by the company that he is working for that he must return to his country for a period of 3 months or he would violate his H2B visa. Is this correct? My first thought was to just apply for the Fiance Visa through the I-29F process. Can anyone answer these questions ASAP.

Timeline:

9-18-2010 - Sent AOS to Chicago lockbox

9-20-2010 - Package arrived confirmation USPS

9-24-2010 - Received txt message and email for I-797

9-27-2010 - Received NOA1 for I-131, I-130, I-765 and I-485

9-27-2010 - Checks cashed

10-4-2010 - Received biometric appt. (10-28-10)

10-15-2010 - Touched

10-20-2010 - RFE Notice Sent via email on I-485 (Bummer)

10-25-2010 - Recevied RFE

10-26-2010 - Send evidence

10-27-2010 - Evidenced signed for in response to RFE

10-28-2010 - Appear for Biometrics

10-28-2010 - I-765 & I-485 touched

10-29-2010 - I-765 & I-485 touched again

11-1-10 - rec.email regarding continued processing of I-485

11-12-2010 - Received call from congresswoman's office stating they were contacting USCIS to expedite EAD

11-15-210 - Received call from congresswoman's office confirming request to expedite approved and EAD will be adjudicated in 7 business days and should received card 10 days after that. Also the I-485 has been moved to the next step to schedule interview too. Yeah - so happy!!!

11-19-2010 - Received email AP approved and EAD card in production.

11-19-2010 - Received interview letter - appt scheduled on 12-21-2010. :)

11-22-2010 - Received AP in mail

11-26-2010 - Received EAD in mail (Went on 11-29-10 for job interview and start on 12-6-10)

12-21-2010 - Went on Interview and was APPROVED!!!

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payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted (edited)

My fiance is currently in US on a H2B Visa and we are thinking about getting married, but if we do can he stay in the US while it is being processed or is he required to return to his country for the interview. He was told by the company that he is working for that he must return to his country for a period of 3 months or he would violate his H2B visa. Is this correct? My first thought was to just apply for the Fiance Visa through the I-29F process. Can anyone answer these questions ASAP.

If you get married (in the US) and file the I-130/I485 BEFORE he departs... he can stay in the USA until his green card is approved

You can file the I-129F for a fiancee visa at anytime but he would be required to leave the country and go home for a visa interview

Edited by payxibka

YMMV

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engineer21 Proficient

engineer21   51

Posted
Filed: Citizen (pnd) Country: Indonesia
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Posted

You can most definitely get married and adjust status while he is in the US.

But this won't be the IR-1/CR-1 Process.

Lots of people get married and adjust from different visas all the time, including H2B.

The company may have said that because H2B is not a dual-intent visa like the H1B, which means one is not supposed to have intent to immigrate.

But barring other red flags, marriage to USC trumps most visa types.

AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath
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saj102965 Enthusiast

saj102965   1

Posted
Filed: AOS (pnd) Country: South Africa
 Timeline
  • Author
Posted

Thank you for that information. Do you know how long it is taking to process the K3 and the CR1 Visa in South Africa or can you direct me where to look on this website for this information.

Timeline:

9-18-2010 - Sent AOS to Chicago lockbox

9-20-2010 - Package arrived confirmation USPS

9-24-2010 - Received txt message and email for I-797

9-27-2010 - Received NOA1 for I-131, I-130, I-765 and I-485

9-27-2010 - Checks cashed

10-4-2010 - Received biometric appt. (10-28-10)

10-15-2010 - Touched

10-20-2010 - RFE Notice Sent via email on I-485 (Bummer)

10-25-2010 - Recevied RFE

10-26-2010 - Send evidence

10-27-2010 - Evidenced signed for in response to RFE

10-28-2010 - Appear for Biometrics

10-28-2010 - I-765 & I-485 touched

10-29-2010 - I-765 & I-485 touched again

11-1-10 - rec.email regarding continued processing of I-485

11-12-2010 - Received call from congresswoman's office stating they were contacting USCIS to expedite EAD

11-15-210 - Received call from congresswoman's office confirming request to expedite approved and EAD will be adjudicated in 7 business days and should received card 10 days after that. Also the I-485 has been moved to the next step to schedule interview too. Yeah - so happy!!!

11-19-2010 - Received email AP approved and EAD card in production.

11-19-2010 - Received interview letter - appt scheduled on 12-21-2010. :)

11-22-2010 - Received AP in mail

11-26-2010 - Received EAD in mail (Went on 11-29-10 for job interview and start on 12-6-10)

12-21-2010 - Went on Interview and was APPROVED!!!

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saj102965 Enthusiast

saj102965   1

Posted
Filed: AOS (pnd) Country: South Africa
 Timeline
  • Author
Posted

Thank you for that information. Do you know how long it is taking to process the K3 and the CR1 Visa in South Africa or can you direct me where to look on this website for this information.

Timeline:

9-18-2010 - Sent AOS to Chicago lockbox

9-20-2010 - Package arrived confirmation USPS

9-24-2010 - Received txt message and email for I-797

9-27-2010 - Received NOA1 for I-131, I-130, I-765 and I-485

9-27-2010 - Checks cashed

10-4-2010 - Received biometric appt. (10-28-10)

10-15-2010 - Touched

10-20-2010 - RFE Notice Sent via email on I-485 (Bummer)

10-25-2010 - Recevied RFE

10-26-2010 - Send evidence

10-27-2010 - Evidenced signed for in response to RFE

10-28-2010 - Appear for Biometrics

10-28-2010 - I-765 & I-485 touched

10-29-2010 - I-765 & I-485 touched again

11-1-10 - rec.email regarding continued processing of I-485

11-12-2010 - Received call from congresswoman's office stating they were contacting USCIS to expedite EAD

11-15-210 - Received call from congresswoman's office confirming request to expedite approved and EAD will be adjudicated in 7 business days and should received card 10 days after that. Also the I-485 has been moved to the next step to schedule interview too. Yeah - so happy!!!

11-19-2010 - Received email AP approved and EAD card in production.

11-19-2010 - Received interview letter - appt scheduled on 12-21-2010. :)

11-22-2010 - Received AP in mail

11-26-2010 - Received EAD in mail (Went on 11-29-10 for job interview and start on 12-6-10)

12-21-2010 - Went on Interview and was APPROVED!!!

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engineer21 Proficient

engineer21   51

Posted
Filed: Citizen (pnd) Country: Indonesia
 Timeline
Posted

visa timelines for south africa:

south africa portal

Keep in mind though, if you plan to do either fiance or spouse visa, this is not the same as marrying and adjusting status (AOS) while your husband is in the US.

For fiance and spouse visa, spouse has to leave and wait for visa to be granted.

Can visit the US while waiting but must be able to prove strong ties to home country.

Best way for you two to stay together and not have to be separated during the immigration process is for fiance to stay here, get married, AOS, and have husband wait here in the US until AOS is done.

AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath
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payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

Thank you for that information. Do you know how long it is taking to process the K3 and the CR1 Visa in South Africa or can you direct me where to look on this website for this information.

If you are wanting him to stay here and get the greencard, you are NOT going to petitioning for a visa....

YMMV

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engineer21 Proficient

engineer21   51

Posted
Filed: Citizen (pnd) Country: Indonesia
 Timeline
Posted

Yes, no fiance visa, no spouse visa either.

In fact, this is the wrong forum/topic I think, if you want your fiance/husband to stay in the US.

AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath
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