Being apart right after getting married

[powerness 0]

I asked this under another post but I want to focus on this question.

I am working under h1b and just got married 2 weeks ago to my US citizen husband. I am now preparing my GC application.

We are living together now, but he just got a job opportunity from another city and will probably move soon.

I will stay and keep working until I find a job in the other city.

Will that seem suspecious? Being apart right after getting married?

Thank you!

[Penguin_ie 5,997]

*** Moving from AOS from Family Visa to AOS from Work Visa forum ***

It will be a red flag, but you have a good reason so as long as you have plenty of other bonafide evidence, you should be ok. Besides, it will take months until you get the AOS interview so hopefully by then you will be back together.

[Deejro 0]

I asked this under another post but I want to focus on this question.

I am working under h1b and just got married 2 weeks ago to my US citizen husband. I am now preparing my GC application.

We are living together now, but he just got a job opportunity from another city and will probably move soon.

I will stay and keep working until I find a job in the other city.

Will that seem suspecious? Being apart right after getting married?

Thank you!

My wife and I had the same situation. I am USC and she was in H1B visa status. I left 2 days after the wedding to another state for a new job and she couldn't come with me. I agree with penguin_ie, it is surely a red flag.

In our case, we showed proof of all our trips to see each other. My wife also had proof of a company interview that she had attended in the same city that I had moved to, proving that she is actively looking for a job. Once the application was received by USCIS, she quit her job and moved with me immediately which gave USCIS good confidence in us. We were apart for 5 months and it didn't even come up in the interview and we were approved on the spot.

[Sam and Fen 41]

*** Moving from AOS from Family Visa to AOS from Work Visa forum ***

Based on her earlier post she is Adjusting Status based on marriage to a USC and not from H1B. If she was adjusting from H1B her question would not matter.

[akihon 129]

Based on her earlier post she is Adjusting Status based on marriage to a USC and not from H1B. If she was adjusting from H1B her question would not matter.

H1B is not a family visa, it is a work visa. What's the problem?

She is adjusting from a work visa status H1B to LPR based on marriage to a USC. If she isn't adjusting status from H1B, then what is she adjusting from?

Edited March 2, 2013 by akihon

[powerness 0]

So on all the forms that you sent in first showed that you guys were in diff city at that moment? And all the proofs you mentioned are only shown during the interview?

So even it's red flag, it won't delay the process and wont matter until the interview?

Thank you so much!

My wife and I had the same situation. I am USC and she was in H1B visa status. I left 2 days after the wedding to another state for a new job and she couldn't come with me. I agree with penguin_ie, it is surely a red flag.

In our case, we showed proof of all our trips to see each other. My wife also had proof of a company interview that she had attended in the same city that I had moved to, proving that she is actively looking for a job. Once the application was received by USCIS, she quit her job and moved with me immediately which gave USCIS good confidence in us. We were apart for 5 months and it didn't even come up in the interview and we were approved on the spot.

[powerness 0]

I am concurrently filing my 130 and 485 and trying to adjust to permanent resident.

H1B is not a family visa, it is a work visa. What's the problem?

She is adjusting from a work visa status H1B to LPR based on marriage to a USC. If she isn't adjusting status from H1B, then what is she adjusting from?

Edited March 2, 2013 by powerness

[powerness 0]

Sorry I'm a little confused that adjusting status from h1b and adjusting status based on marriage is two diff things? It's not adjusting from h1b to permanent resident based on marriage?

Is there a diff process for adjusting from h1b?

Thanks!

Based on her earlier post she is Adjusting Status based on marriage to a USC and not from H1B. If she was adjusting from H1B her question would not matter.

Edited March 2, 2013 by powerness

[Deejro 0]

So on all the forms that you sent in first showed that you guys were in diff city at that moment? And all the proofs you mentioned are only shown during the interview?

So even it's red flag, it won't delay the process and wont matter until the interview?

Thank you so much!

Yes. All the forms in our application package had 2 different addresses for both of us. But by the time we completed and sent the application package, we had already made multiple trips. So we sent that proof along with other additional documents like joint lease in the new place, combined bank accounts, joint tax documents, etc.,

The only thing that was new for the interview was her quitting the job and joining me.

In our case, nothing got delayed and everything went very smoothly.

[powerness 0]

Did you include the additional documents in the application package or after you sent the package?

Thanks a lot! So glad you had the exact situation.

Yes. All the forms in our application package had 2 different addresses for both of us. But by the time we completed and sent the application package, we had already made multiple trips. So we sent that proof along with other additional documents like joint lease in the new place, combined bank accounts, joint tax documents, etc.,

The only thing that was new for the interview was her quitting the job and joining me.

In our case, nothing got delayed and everything went very smoothly.

[Deejro 0]

Did you include the additional documents in the application package or after you sent the package?

Thanks a lot! So glad you had the exact situation.

All additional documents in the application package itself.

[powerness 0]

Thank you!

All additional documents in the application package itself.

[Sam and Fen 41]

H1B is not a family visa, it is a work visa. What's the problem?

She is adjusting from a work visa status H1B to LPR based on marriage to a USC. If she isn't adjusting status from H1B, then what is she adjusting from?

I understand that.

Her question is best answered in the AOS through Family section of the site and not the forum it was moved to.

The rules that will apply to her are from a family based GC (CR1) and not a LPR status from a work visa. If she was doing that she would get an unconditional Employment category GC and not a 2 year conditional GC.

JMO.

[powerness 0]

Just one more question. When your wife quit her job, did she already find a new job that support her h1b? Otherwise what is the visa that she hold for staying in US before getting the green card?

I am thinking about quitting my job and go with my husband, but right now without the h1b from my job, I would have to leave US.

Yes. All the forms in our application package had 2 different addresses for both of us. But by the time we completed and sent the application package, we had already made multiple trips. So we sent that proof along with other additional documents like joint lease in the new place, combined bank accounts, joint tax documents, etc.,

The only thing that was new for the interview was her quitting the job and joining me.

In our case, nothing got delayed and everything went very smoothly.

[akihon 129]

I understand that.

Her question is best answered in the AOS through Family section of the site and not the forum it was moved to.

The rules that will apply to her are from a family based GC (CR1) and not a LPR status from a work visa. If she was doing that she would get an unconditional Employment category GC and not a 2 year conditional GC.

JMO.

This thread was moved from the AOS from Family Visa section. H1B is not a family visa. The other section, as I understand, applies to K-1 visa holders who have already entered the US and are AOSing.

I adjusted from H1B through marriage to a USC. I know exactly what her situation is going to be. I agree that the rules that apply to her will be family-based, but she is not adjusting from a K-1.