Need advice on marrying H1B holding gf from another state

[metzger23 0]

Hi folks, very helpful forum you have here, thanks in advance for any advice.

I am a US citizen. My gf of 1.5 years has been in the US for 7 years. Her H1B is extended until 2015 with her current employer. Looking at her priority date and the cutoff date I think she'd get her perm residency in approximatly 2 years without me. The issue is that she lives in VA, and I am in NJ. The plan was for her to find a new teaching job here in NJ and get her sponsorship transfered but that has proven difficult so far. We just want to move in together so we can get on with things. She was planning on moving up here in June after the school year.

We are both fully committed to each other and ready to be married, but we'd rather not rush the planning of the ceremony and have to do it in a few months, mainly because of $$ reasons and the fact that we already will have a move and new job to worry about. Would it look really bad during the interview process if we just went to a courthouse to get married and hadn't had a real ceremony yet? We know everything about one another but I know we already have some strikes against us since we don't live together and don't have any shared assets or bank accounts.

Obviously my worst fear is that she leaves her job and the safety of her H1B, comes to NJ and we somehow got rejected during the interview process .. Anyboy have any similar experiences or advice? She has to tell her school soon if she's coming back next year to teach.

Thanks!

[Nich-Nick 3,354]

Legally married is the requirement, not a lavish ceremony. Take some photos so it at least looks like it was an important thing in your eyes...you, her and the judge. Maybe take a friend or two along. Maybe celebrate with dinner out and photos.

Get some joint things together like bank account, joint name on leases or utilities. Start to merge your lives on paper. Keep job until greencard is approved. Document visits back and forth. Maybe her mates will give her a bridal shower. Keep an invitation and photos. Explain at interview that you financially can't live together until she has the ability to work in your town (greencard or EAD). It's a reasonable reason.

Edited February 27, 2013 by Nich-Nick

[metzger23 0]

Legally married is the requirement, not a lavish ceremony. Take some photos so it at least looks like it was an important thing in your eyes...you, her and the judge. Maybe take a friend or two along. Maybe celebrate with dinner out and photos.

Get some joint things together like bank account, joint name on leases or utilities. Start to merge your lives on paper. Keep job until greencard is approved. Document visits back and forth. Maybe her mates will give her a bridal shower. Keep an invitation and photos. Explain at interview that you financially can't live together until she has the ability to work in your town (greencard or EAD). It's a reasonable reason.

Thanks for the advice Nich-Nick, the "keep job until greencard is approved" is the part that's tough to swallow. If she starts teaching a new school year in Sept, I know she'll want to finish out the year, which means another year of driving 11 hours every other weekend ... but I guess it's better to be safe than sorry

[Nich-Nick 3,354]

Thanks for the advice Nich-Nick, the "keep job until greencard is approved" is the part that's tough to swallow. If she starts teaching a new school year in Sept, I know she'll want to finish out the year, which means another year of driving 11 hours every other weekend ... but I guess it's better to be safe than sorry

I think keeping the money rolling in is always a good idea. And if she quits the job, her visa status ends, doesn't it? And she's supposed to leave? Sorry, I don't know the H1B terms. It's inconvenient, but you've got the rest of your lives together. Maybe she would want to leave mid-term depending on the timing. Teachers do that if they have to move or get very sick or have babies. She wouldn't be the first. Now I'm wondering which local office---your address or hers?

[ppihtr123 68]

Hi folks, very helpful forum you have here, thanks in advance for any advice.

I am a US citizen. My gf of 1.5 years has been in the US for 7 years. Her H1B is extended until 2015 with her current employer. Looking at her priority date and the cutoff date I think she'd get her perm residency in approximatly 2 years without me. The issue is that she lives in VA, and I am in NJ. The plan was for her to find a new teaching job here in NJ and get her sponsorship transfered but that has proven difficult so far. We just want to move in together so we can get on with things. She was planning on moving up here in June after the school year.

We are both fully committed to each other and ready to be married, but we'd rather not rush the planning of the ceremony and have to do it in a few months, mainly because of $$ reasons and the fact that we already will have a move and new job to worry about. Would it look really bad during the interview process if we just went to a courthouse to get married and hadn't had a real ceremony yet? We know everything about one another but I know we already have some strikes against us since we don't live together and don't have any shared assets or bank accounts.

Obviously my worst fear is that she leaves her job and the safety of her H1B, comes to NJ and we somehow got rejected during the interview process .. Anyboy have any similar experiences or advice? She has to tell her school soon if she's coming back next year to teach.

Thanks!

I was in a very similar situation. I live in Virginia and fell in love with a H1B holder who is also a teacher. While I am no Pro, a couple of things concern me. H1Bs are only good for a max of 6 years after they get extended. After 6 years they must go home for 1 year before coming back on a new brand new H1B. Second, you say they are sponsoring her on an H1B, which is not a path to GC, it is a non resident status so there is no date that matters beside expiration date. Did her employer submit an adjustment of status? Next I have to ask...Is she one of the PG county Maryland teachers?

All that aside, once you marry and file an 130/485 concurrently, the H1B status goes away so she does not require sponsorship as you are then her sponsor.

As for us, we dated for about 1.5 years, moved in together in August 2012, were married in early Oct. 2012, filed 130/485 in Early November, and she had her CGC in hand 2/1/2013. We were married by a celebrant in Va. (think court marriage) and took no pictures while there. Also had no friends there ether as we decided it was for us and also wouldn’t be fair if my family came but hers could not. We did have lots of evidence as we started merging things after she moved in like, car insurance, cell, etc. and life and medical after we were married. Also had pics of us with my family (they are local her family is not). Total cost of wedding, ~30 bucks while wearing jeans, total cost of 130/485 ~1080.00.

I feel very blessed I have found the love of my life!

Edited February 27, 2013 by ppihtr123

[metzger23 0]

I was in a very similar situation. I live in Virginia and fell in love with a H1B holder who is also a teacher. While I am no Pro, a couple of things concern me. H1Bs are only good for a max of 6 years after they get extended. After 6 years they must go home for 1 year before coming back on a new brand new H1B. Second, you say they are sponsoring her on an H1B, which is not a path to GC, it is a non resident status so there is no date that matters beside expiration date. Did her employer submit an adjustment of status? Next I have to ask...Is she one of the PG county Maryland teachers?

All that aside, once you marry and file an 130/485 concurrently, the H1B status goes away so she does not require sponsorship as you are then her sponsor.

As for us, we dated for about 1.5 years, moved in together in August 2012, were married in early Oct. 2012, filed 130/485 in Early November, and she had her CGC in hand 2/1/2013. We were married by a celebrant in Va. (think court marriage) and took no pictures while there. Also had no friends there ether as we decided it was for us and also wouldn’t be fair if my family came but hers could not. We did have lots of evidence as we started merging things after she moved in like, car insurance, cell, etc. and life and medical after we were married. Also had pics of us with my family (they are local her family is not). Total cost of wedding, ~30 bucks while wearing jeans, total cost of 130/485 ~1080.00.

I feel very blessed I have found the love of my life!

Thanks for responding. I think you are right, her employer must've submitted an adjustment of status at some time. I knew she came on the H1-B, but then filed for permanent residency as soon as she could.. she never had to leave the country. She's had a lawyer doing everything every step of the way. The merging of finances and stuff will happen much like yours after the move so it's good to hear you didn't run into any problems.

She's not one of the PG county teachers, she's down near Fredericksburg

Congrats that u found love! Your story in encouraging. I'm brushing up on my Cebuano for when I eventually get to meet her folks... I have a lot of learning to do.

[metzger23 0]

I think keeping the money rolling in is always a good idea. And if she quits the job, her visa status ends, doesn't it? And she's supposed to leave? Sorry, I don't know the H1B terms. It's inconvenient, but you've got the rest of your lives together. Maybe she would want to leave mid-term depending on the timing. Teachers do that if they have to move or get very sick or have babies. She wouldn't be the first. Now I'm wondering which local office---your address or hers?

Great question on which local office. We'll have to see what her lawyer says on that. I guess I'd just be disappointed if she couldn't move because we've been building up to it for months now, but you're right, we will have the rest of our lives.

[Nich-Nick 3,354]

Great question on which local office. We'll have to see what her lawyer says on that. I guess I'd just be disappointed if she couldn't move because we've been building up to it for months now, but you're right, we will have the rest of our lives.

If her H1B goes away if you file, then might as well move because the H1b is over according to the other guy. Just be poor until she can work again. I already said I don't know H1B terms, so was just kinda wondering out loud what happens to her visa. Ask the lawyer that one.

[Harpa Timsah 13,258]

The H1B stays when you file AOS unless you use your EAD to get a new job. The EAD will come within 3 months of filing AOS. Living apart is a red flag but can be overcome with a good reason and solid plans to move in together. The interview would be in the state in which she lives (the person on H1B),

Edited February 27, 2013 by Harpa Timsah

[ppihtr123 68]

Thanks for responding. I think you are right, her employer must've submitted an adjustment of status at some time. I knew she came on the H1-B, but then filed for permanent residency as soon as she could.. she never had to leave the country. She's had a lawyer doing everything every step of the way. The merging of finances and stuff will happen much like yours after the move so it's good to hear you didn't run into any problems.

She's not one of the PG county teachers, she's down near Fredericksburg

Congrats that u found love! Your story in encouraging. I'm brushing up on my Cebuano for when I eventually get to meet her folks... I have a lot of learning to do.

My wife speaks Kapampangan. I am trying but very tough for me to learn a new laguage at this point....I keep trying though!

As another thought, You could certinaly get married in early spring and file. With any luck she should be good to go come September!