Marriage (AOS pending)

[Martin Goose 0]

Dear All,

I am not sure where to post this, so pardon me if I’ve picked the wrong sub forum.

I came to work in US in 2004. I was on H1B visa until winter 2010, when I applied for EAD (I have filed for AOS in summer 2006). In other words, I am currently on EAD. The new card has just arrived and is good till next February.

Apart from the fact, that I am currently looking for a job, hence my whole immigration future is under a big question, I want to ask you the following: can I get married on a non U.S. Citizen and proceed with immigration papers on her behalf when my priority date is due? Considering, that I will have a sponsor /employer by that time.

The main question is if she can come to U.S. on a business visa (currently open), we’re getting married and she goes back. We do not do anything immediately. My attorney said that it is absolutely legal, another one mentioned a 60 days waiting period before the marriage. I am a little afraid of this “intention to stay” thing.

Sorry for absence of the key information. I appreciate you time for response.

[Darnell 8,479]

*** moving to ' Bringing Family Members of Permanent Residents to America ' forum, not a K-3 visa topic ***

Edited February 15, 2011 by Darnell

[YuAndDan 153]

That's perfectly fine, it would be the same as for example two people from a different country had the fantasy of a Las Vegas wedding, they fly into Vegas as tourists and get hitched, then heading home.

Just keep in mind it will be a long time before getting a visa for your future spouse, you would first get a green-card before you could even be able to file an I-130 for a spouse under the F2A class, and then a few years after that getting to a visa interview.

[Martin Goose 0]

Thanks, YuAndDan.

So you are saying that my case is similar to the case of a green card holder, who wants to bring a spouse into the country? And once I have a green card, I should proceed further.

My understanding was that the case is different and the whole point is to get married before getting a green card, to avoid waiting a long period of time (even though I've heard that this wait was only 2 years a few weeks ago).

That's perfectly fine, it would be the same as for example two people from a different country had the fantasy of a Las Vegas wedding, they fly into Vegas as tourists and get hitched, then heading home.

Just keep in mind it will be a long time before getting a visa for your future spouse, you would first get a green-card before you could even be able to file an I-130 for a spouse under the F2A class, and then a few years after that getting to a visa interview.

[Khaled_usa 0]

Dear All,

I am not sure where to post this, so pardon me if I've picked the wrong sub forum.

I came to work in US in 2004. I was on H1B visa until winter 2010, when I applied for EAD (I have filed for AOS in summer 2006). In other words, I am currently on EAD. The new card has just arrived and is good till next February.

Apart from the fact, that I am currently looking for a job, hence my whole immigration future is under a big question, I want to ask you the following: can I get married on a non U.S. Citizen and proceed with immigration papers on her behalf when my priority date is due? Considering, that I will have a sponsor /employer by that time.

The main question is if she can come to U.S. on a business visa (currently open), we're getting married and she goes back. We do not do anything immediately. My attorney said that it is absolutely legal, another one mentioned a 60 days waiting period before the marriage. I am a little afraid of this "intention to stay" thing.

Sorry for absence of the key information. I appreciate you time for response.

Here is option for you as you are on AOS process:

First of all you got laid off from you previous employer which made you terminate of AOS process, You need to find New company who can apply for your AOS process.

Second of all, Example you got new company and filed for your AOS process, then you could include your present wife in same application and both get EAD card including GC together if USCIS approve it.

Third of All, Your wife could choice both consulate process and AOS in the united states. It means that if she marry you here , then go back to her country..you could add her in your AOS application with consular process!

Good luck!!

[YuAndDan 153]

Thanks, YuAndDan.

So you are saying that my case is similar to the case of a green card holder, who wants to bring a spouse into the country? And once I have a green card, I should proceed further.

My understanding was that the case is different and the whole point is to get married before getting a green card, to avoid waiting a long period of time (even though I've heard that this wait was only 2 years a few weeks ago).

When you get married will not affect when you get a visa, you first need green-card to file the petition, and the priority date for spouse visa will be set when you file the petition not base on when you got married. A non-resident cannot file an I-130.

[Martin Goose 0]

Thank you, Khaled_usa.

It was not my intention to cheat with "immigration", but I never told them that I've changed the companies (1st company-sponsor - 2nd employer - looking for a new one). They did not ask either. I've used my alien #, my EAD, filed for new EAD and received it as well.

As for marriage, I was told the same thing as you have indicated: my wife and I can file together and get a GC at the same time.

I was never informed that termination of employment would automatically terminate my AOS... Than how possible that I have EAD based on my AOS, if AOS has to be terminated?

Here is option for you as you are on AOS process:

First of all you got laid off from you previous employer which made you terminate of AOS process, You need to find New company who can apply for your AOS process.

Second of all, Example you got new company and filed for your AOS process, then you could include your present wife in same application and both get EAD card including GC together if USCIS approve it.

Third of All, Your wife could choice both consulate process and AOS in the united states. It means that if she marry you here , then go back to her country..you could add her in your AOS application with consular process!

Good luck!!

[Martin Goose 0]

When you get married will not affect when you get a visa, you first need green-card to file the petition, and the priority date for spouse visa will be set when you file the petition not base on when you got married. A non-resident cannot file an I-130.

And what do you think about Khaled's response?

***

Third of All, Your wife could choice both consulate process and AOS in the united states. It means that if she marry you here , then go back to her country..you could add her in your AOS application with consular process!

***

[Khaled_usa 0]

Thank you, Khaled_usa.

It was not my intention to cheat with "immigration", but I never told them that I've changed the companies (1st company-sponsor - 2nd employer - looking for a new one). They did not ask either. I've used my alien #, my EAD, filed for new EAD and received it as well.

As for marriage, I was told the same thing as you have indicated: my wife and I can file together and get a GC at the same time.

I was never informed that termination of employment would automatically terminate my AOS... Than how possible that I have EAD based on my AOS, if AOS has to be terminated?

As we both know that you're on EAD status NOT AOS, you need to file AOS again with new employer, with this EAD..You wont get your GC, your I-485 application will be denied with previouse employer!! once your previouse employer inform USCIS, that you are not longer with them..USCIS will deny your I-485 applications, also in this point you might get lucky if your previous employer didn't inform in the mean time USCIS may be pre-adjudicated your file, it is also depends on your priority date too, you might have apply again I-140 application again with new employer, Overall i would say You are in danger point..Lawyer would be the best solution at this point.

Good Luck!!

[Martin Goose 0]

As we both know ...

Good Luck!!

Thanks so much!

I will consult with an attorney A.S.A.P.