GC through spouse, while H1B filled

[shranjan84 5]

Hi ,

I am an indian citizen and did my MS in US in 12/2010. since then working on OPT(stem approved). My current employer filled my H1B(decision pending) on 31st may. Meanwhile me and my GF planning to get married. She is an US citizen. Would it be advisable to get married now? Also Can I apply for GC while my H1B processing already going on?

Also she is working in NY and I am working in Ohio, would it affect my GC claim?

[IPv6Freely 64]

You should be fine to get married. I'd wait for the H1B to complete before filing for GC - not because it would get rejected, but just because it would make filling out the forms easier.

[shranjan84 5]

You should be fine to get married. I'd wait for the H1B to complete before filing for GC - not because it would get rejected, but just because it would make filling out the forms easier.

Thanks for reply, Actually my employer relocating me to another client in another state which I do not want. So get rid of this H1b binding I am planning to marry early and apply for GC.How difficult would be filling the forms?

[IPv6Freely 64]

Thanks for reply, Actually my employer relocating me to another client in another state which I do not want. So get rid of this H1b binding I am planning to marry early and apply for GC.How difficult would be filling the forms?

Oh, in that case, you can probably just fill out the forms as if you had never filed for the h1b. You may also be able to contact USCIS and tell them to abandon the h1b application.

[aayitrun 66]

Oh, in that case, you can probably just fill out the forms as if you had never filed for the h1b. You may also be able to contact USCIS and tell them to abandon the h1b application.

since h-1b is dual intent, both apps can progress simultaneously. don't kick the h-1b to the curb just in case things don't go quite as planned.

[IPv6Freely 64]

If he plans to keep the H1B, then I'd suggest he waits until that process is finished. Like I said, a GC application paperwork is complicated by having a visa application still in progress. Like I said, if he doesn't want the H1B and wants to go straight to the GC, he can just abandon the H1B application. I'm just answering his questions based on the info supplied. I'm well aware that H1B is dual-intent.

[aayitrun 66]

a GC application paperwork is complicated by having a visa application still in progress.

i don't see why.

if you have a concrete reason, please tell me so i can learn too.

[grrrrreat 109]

i don't see why.

if you have a concrete reason, please tell me so i can learn too.

The only possible complication I can think of is at the adjustment interview, the IO has to have the H1-B application file (which means that the H1-B application has to be terminated and the file has to be sent to the correct field office). But that has to happen whether the H1-B is terminated now or just before the interview, so it shouldn't matter.

[shranjan84 5]

The only possible complication I can think of is at the adjustment interview, the IO has to have the H1-B application file (which means that the H1-B application has to be terminated and the file has to be sent to the correct field office). But that has to happen whether the H1-B is terminated now or just before the interview, so it shouldn't matter.

Thanks you all guys for support , so what i am thinking that i will start collecting documents for GC and plan my marriage by mid July.soon after that I will file for my GC as if my H1 was never filled as anyway its going to be active from October. if H1b got approved before the GC interview then I will get it cancelled.

Also I have to go to india do have marriage with Indian cultural way in December? do you think GC would be done before that?

Please advise if I am right/wrong.

[aayitrun 66]

I currently have an h1b extension being filed. A perm being filed and the spouse gc process. There is no complication from the overlap.

Normally these aos processes seem to take 4 months, but if were you I wouldn't make plans atleast until you have ap

[grrrrreat 109]

Thanks you all guys for support , so what i am thinking that i will start collecting documents for GC and plan my marriage by mid July.soon after that I will file for my GC as if my H1 was never filled as anyway its going to be active from October. if H1b got approved before the GC interview then I will get it cancelled.

Also I have to go to india do have marriage with Indian cultural way in December? do you think GC would be done before that?

Please advise if I am right/wrong.

If you're still in status on your H1-B and it hasn't expired, you can travel on it. Otherwise, you need to wait for advance parole. If you file I-485 and request AP in July, you will probably have it before December. I doubt your adjustment will be complete though.

[shranjan84 5]

My gf working for a temp position ,so she does not earn a lot.Can I sponsor myself as I am a Full time employee with salary more than 70k?

If yes which forms we need to fill?

thanks

[grrrrreat 109]

My gf working for a temp position ,so she does not earn a lot.Can I sponsor myself as I am a Full time employee with salary more than 70k?

If yes which forms we need to fill?

thanks

You can't sponsor yourself, but your wife can still sponsor you and add your income to hers, if you will continue at the same job after you become a permanent resident. Your wife still needs to file I-864, but she can add your income to hers in question 23. Then, attach a written statement saying that she is including your income because it will continue from the same source after you become a PR. As proof, you would need to include (1) proof that you're authorized to work until you have a Green Card (i.e. H1-B visa), (2) a letter stating that you're employed and the salary, and (3) recent pay stubs showing your salary. You also need to include your tax return for last year.

[shranjan84 5]

You can't sponsor yourself, but your wife can still sponsor you and add your income to hers, if you will continue at the same job after you become a permanent resident. Your wife still needs to file I-864, but she can add your income to hers in question 23. Then, attach a written statement saying that she is including your income because it will continue from the same source after you become a PR. As proof, you would need to include (1) proof that you're authorized to work until you have a Green Card (i.e. H1-B visa), (2) a letter stating that you're employed and the salary, and (3) recent pay stubs showing your salary. You also need to include your tax return for last year.

thanks

"Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident."

would I be able to switch job after getting GC?

Edited June 26, 2012 by shranjan84

[grrrrreat 109]

thanks

"Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident."

would I be able to switch job after getting GC?

You have to work there after you become an LPR, but I don't think it has to be any particular amount of time. Or you can switch jobs before you become an LPR, as long as you get a new one with enough income before the interview. You just have to keep USCIS apprised (and fill out a new I-864) if your circumstances change.

Edited June 26, 2012 by grrrrreat