Need help / information

[Krikaa 0]

Hi everybody...I have some question, and I hope somebody can help me!!!

My fiance is from Spain (visa O1), and he (the company that he works - sponsor) applyed to AOS and was approved a one week ago.

My questions are:

1) If we get married now in US (I with tourist visa, because I'm from Brazil), can I join his petion?

2) In case positive, can we do the interview from here in US? or are we force to get out to do both interviews in our respective consulates(country)?

3) Or, do we have to apply for another AOS as wife and husband together?

4) Or, do we have to apply for Consular Processing?

We are like lost in the middle of all those things, because is the unique opportunite that can i get a green card togheter...

Thank you, and I'll wait yours advice.

[Kez/JWolf 6]

Your fiance can not patition for you....

1) No

2) No because of 1

3) No

4) No

If you get married then he can file a I-130 for you... the catagory you would be in is Second Preference and the wait time is about 5 years... they are making visas available to people who filed 01 september 2001.. so a long wait I am afraid...

Kezzie

[meauxna 15]

Why didn't you get immigration advice BEFORE your BF got his PR status?

You aren't eligible to be in the US on that relationship now. There will be a 4-5 year wait before a visa number is available to you.

Had you married before he was approved, you would be in gravy, now you will have a wait. You can not get a Green Card with him as it is now. Why didn't he discuss this with his lawyers??

[john_and_marlene 162]

Why didn't you get immigration advice BEFORE your BF got his PR status?

You aren't eligible to be in the US on that relationship now. There will be a 4-5 year wait before a visa number is available to you.

Had you married before he was approved, you would be in gravy, now you will have a wait. You can not get a Green Card with him as it is now. Why didn't he discuss this with his lawyers??

That's what I was thinking today. If they had married prior to the AOS application she would have been eligible immediately for the O-3 visa, although she would have been ineligible for work. Now that he has adjusted status, he is no longer O-1 and does not enjoy the benefit of his spouse joining him on the O-3. Now the relationship would be immediate relative of LPR and will have to wait for that priority date to become current.

What would have happened to the O-3 status if they had been married and received the O-3 visa prior to AOS? Would she have been allowed to adjust at the same time in that event?

[Krikaa 0]

Why didn't you get immigration advice BEFORE your BF got his PR status?

You aren't eligible to be in the US on that relationship now. There will be a 4-5 year wait before a visa number is available to you.

Had you married before he was approved, you would be in gravy, now you will have a wait. You can not get a Green Card with him as it is now. Why didn't he discuss this with his lawyers??

That's what I was thinking today. If they had married prior to the AOS application she would have been eligible immediately for the O-3 visa, although she would have been ineligible for work. Now that he has adjusted status, he is no longer O-1 and does not enjoy the benefit of his spouse joining him on the O-3. Now the relationship would be immediate relative of LPR and will have to wait for that priority date to become current.

What would have happened to the O-3 status if they had been married and received the O-3 visa prior to AOS? Would she have been allowed to adjust at the same time in that event?

First, thank you for answer.

That was our mistake!!! We didn't get married before. Now we are in checkmat. What those mean, when you said "Now the relationship would be immediate relative of LPR and will have to wait for that priority date to become current"

[john_and_marlene 162]

Why didn't you get immigration advice BEFORE your BF got his PR status?

You aren't eligible to be in the US on that relationship now. There will be a 4-5 year wait before a visa number is available to you.

Had you married before he was approved, you would be in gravy, now you will have a wait. You can not get a Green Card with him as it is now. Why didn't he discuss this with his lawyers??

That's what I was thinking today. If they had married prior to the AOS application she would have been eligible immediately for the O-3 visa, although she would have been ineligible for work. Now that he has adjusted status, he is no longer O-1 and does not enjoy the benefit of his spouse joining him on the O-3. Now the relationship would be immediate relative of LPR and will have to wait for that priority date to become current.

What would have happened to the O-3 status if they had been married and received the O-3 visa prior to AOS? Would she have been allowed to adjust at the same time in that event?

First, thank you for answer.

That was our mistake!!! We didn't get married before. Now we are in checkmat. What those mean, when you said "Now the relationship would be immediate relative of LPR and will have to wait for that priority date to become current"

Legal Permanent Residents can petition for their spouse, but visa numbers are not immediately available for them as is the case for petitions from US citizens for a spouse. These visas are subject to quotas and have a backlog of several years. According to the latest bulletin: http://travel.state.gov/visa/frvi/bulletin...letin_3046.html

Petitions filed in Sep 2001 are just now current and can be interviewed for a visa.

[meauxna 15]

What would have happened to the O-3 status if they had been married and received the O-3 visa prior to AOS? Would she have been allowed to adjust at the same time in that event?

I have no idea.. I didn't even think of it as that complicated (adding in the O status for her). Had they married before his AOS was approved (as I understand it) she would get a GC with him as a spouse. Now, she's in exactly the spot we both see: spouse of a PR with a 4-5 year wait.

That was our mistake!!! We didn't get married before. Now we are in checkmat.

You could have your boyfriend get in touch with his immigration attorney. There are solutions possible with work visas.. some people actually let the Green Card go and reapply so they can(correctly) include their spouse. I don't know if this would be an option for the method your BF used to get his PR status---you MUST work with an attorney for that type of move.

[Peter Miami 0]

I do not know much about this situation and it seems that the VJ members know some information but I would also speak with a good immigration attorney.

Good luck,

Peter Miami