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SMaria Rookie

SMaria   0

Posted
Filed: Timeline
Posted

Hi,

I am an international student in the U.S. and I am about to apply for a work visa (H1B) that will last for 1 year (August/September 2012. My boyfriend and I are thinking about getting married but I am not sure how everything works. How long in advance would I need to start filling paperwork (before my H1B visa expires)? What are the step that I need to follow? Do I need to leave the country while everything is in process?

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Penguin_ie Grand Master

Penguin_ie   5,993

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

***** Moving from K1 to AOS from Work.. as OP is already in the country ******

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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moSu Contributor

moSu   0

Posted
Filed: AOS (pnd) Country: Malaysia
 Timeline
Posted

He is a U.S. citizen. We would want to get married next year before my H1B visa expires, which would be in August of next year. I am not sure when I need to start the process so I don't have to leave the country

Where are you filing from? Every location's timeline varies and it also depends on your luck (how smooth your paperworks are) Some processes can end as soon as 3 months, some can be more than 6 months. It's best to adjust your status earlier as possible before it expires to avoid complications.

Best Wishes,

moSu

April 11th 2011 - Got Married in NY City Hall

May 16th 2011 - Text/Email receipt confirmation by USCIS

May 19th 2011 - Received NOA for I-485, I-130 & I-131

May 31st 2011 - Received NOA for I-765

June 4th 2011 - Received NOA for Biometrics 6/24/2011

June 24th 2011 - Done with Biometrics, Hopefully with no mistakes

July 5th 2011 - Online updates, EAC and AP approved

July 15th 2011 - Received EAD/AP card

Sept 26th 2011 - Online updates, Interview on Nov 1st

Sept 26th 2011 - Received Interview letter (Nov 1st,Federal Plaza,8:15am)

Nov 1st 2011 - Interview ~ Approved!

Nov 4th 2011 - Online Update ~ Card Production :D

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Little_My Proficient

Little_My   464

Posted
Filed: Lift. Cond. (pnd) Country: Finland
 Timeline
Posted

He is a U.S. citizen. We would want to get married next year before my H1B visa expires, which would be in August of next year. I am not sure when I need to start the process so I don't have to leave the country

As long as USCIS receives and acknowledges your AOS package before your visa status expires, you won't accumulate any overstay. Once your AOS has been received, you begin a new period of authorized stay that lasts until you receive a decision on your GC application. You will not have to complete the process before the H1-B expires, only submit the AOS. It can take USCIS up to 30 days to send you the NOA after you've mailed them the AOS package, so best to mail it all at least a month before your previous visa is about to expire. H1-B is a dual intent visa, I believe, so you won't have to worry about intent to immigrate while on a non-immigrant visa.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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Little_My Proficient

Little_My   464

Posted
Filed: Lift. Cond. (pnd) Country: Finland
 Timeline
Posted

If you are on the H1-B, I believe you can travel abroad without any problems with that visa. Once you file the AOS application, you have to wait to get the AP (advance parole) document to be able to travel. Getting that usually takes between 70 and 90 days from when you send out the package. I'm not 100% sure if this works the same way with H1-B than it does with F1, which I had, but I believe that when you send out the AOS package, you technically stop being an H1-B. I think you can still work while the AOS is pending (someone else can probably say more about that), but I don't think it would be advisable to travel abroad until you have the AP.

Yes, you have to be legally married before you can file for AOS.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

People with dual intent visas, like H1B or L visas ARE ALLOWED to travel while AOS is pending. This is unique to them, and they will not abandon their AOS if they leave the country. You do not need AP to travel. OP - If I were you, I would file your AOS soon after you get your H1B. Why wait for it to be close to expiring? You want to avoid a period where you cannot work, so sooner is better. Good luck.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Little_My Proficient

Little_My   464

Posted
Filed: Lift. Cond. (pnd) Country: Finland
 Timeline
Posted

I stand corrected! :) Thank you Harpa for clarifying that. In light of this, I agree with Harpa - why not file the AOS as soon as you have gotten married after the H1-B has been issued. This way you will most likely avoid any periods during which you couldn't work and/or travel, since you could get your AOS processed and approved before the H1-B expires.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

Thank you for your responses. So if I have the H1B visa and then file the AOS, I can still work with that visa during the process right? If that is correct, would I also need to send the for I-765 (work permission)?

Yes, you can still work on your H1B. You can apply for the EAD if you want, but there is no need, because your H1B status will remain until a decision is made on your AOS.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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