Being apart right after getting married

[Deejro 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.

Once USCIS gives you a receipt number and your application is in process, you can quit your job and still be in legal status. My wife waited few weeks more to be very sure that nothing went wrong with the application package before she gave her 2 weeks notice. In that time she finished her biometrics and change of address. Here's our timeline.

It is so hard to be newly married and not be together. We understand your situation completely.

December 30, 2011 - Wedding

January 2, 2012 - I moved to a different state for new job

April 10, 2012 - Sent GC package through Express Overnight Mail

April 11, 2012 - USCIS received package-USPS Confirmation

April 13, 2012 - USCIS Email confirmation with receipt numbers

April 14, 2012 - USCIS cashes both checks

April 17, 2012 - NOAs received through mail for I-130, I-485, I-765, and I-131

April 19, 2012 - Biometrics appointment letter received for May 2, 2012

April 23, 2012 - Walk-in Biometrics done

April 25, 2012 - Mailing address changed

May 08, 2012 - Wife gave 2 weeks notice to quit job

May 09, 2012 - Text/Email received with interview date for June 8, 2012

May 22, 2012 - Last day of work

May 23, 2012 - Moved together

June 08, 2012 - Interview. Approved!

June 16, 2012 - Received the card in mail

[powerness 0]

It only took you guys two months!

Thanks for the understanding! This is very helpful!

Once USCIS gives you a receipt number and your application is in process, you can quit your job and still be in legal status. My wife waited few weeks more to be very sure that nothing went wrong with the application package before she gave her 2 weeks notice. In that time she finished her biometrics and change of address. Here's our timeline.

It is so hard to be newly married and not be together. We understand your situation completely.

December 30, 2011 - Wedding

January 2, 2012 - I moved to a different state for new job

April 10, 2012 - Sent GC package through Express Overnight Mail

April 11, 2012 - USCIS received package-USPS Confirmation

April 13, 2012 - USCIS Email confirmation with receipt numbers

April 14, 2012 - USCIS cashes both checks

April 17, 2012 - NOAs received through mail for I-130, I-485, I-765, and I-131

April 19, 2012 - Biometrics appointment letter received for May 2, 2012

April 23, 2012 - Walk-in Biometrics done

April 25, 2012 - Mailing address changed

May 08, 2012 - Wife gave 2 weeks notice to quit job

May 09, 2012 - Text/Email received with interview date for June 8, 2012

May 22, 2012 - Last day of work

May 23, 2012 - Moved together

June 08, 2012 - Interview. Approved!

June 16, 2012 - Received the card in mail

[Kathryn41 3,205]

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!

When you enter the US on a visa, you gain the 'status' authorized by the use of that visa. The visa - and your status - relate to how you entered the US initially. When you request to Adjust your Status, you are requesting a change from your current status to a different status - in this case, a request to change status from an authorized non-immigrant employee to a permanent resident. The authority by which the OP is allowed to request this change of status is through sponsorship by a family member and that family relationship is created by marriage to a US citizen. They are requesting AOS from the status gained from the work visa, not status gained from a family based visa, such as a non-immigrant K-1 fiance visa. That is the difference between the two forums, since the AOS processes use different types of sponsorship forms - the I-130 vs the I-129f.

(There are other family based visas that can also apply for AOS just as there are other non-family based visas than the ones listed that can also apply for AOS, but for our purposes, this is the main reason).

Edited March 3, 2013 by Kathryn41

[Penguin_ie 5,997]

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

You are missunderstanding the two forums.

The AOS from Family Visa forum is for those who adjust from a K1 fiance visa (or, rarely, the K3). Their challenges are quite different- for example, they may not even get an interview, they already have the medical done, they gave a big brown envelope with stuff to immigration when they entered, and they must get married within 90 days of arriving.

The AOS from Work/ Tourist etc visa is (mostly) for those who adjust status from a work or tourist visa to a greencard due to marriage with a US citizen, NOT who have been here so long they can adjust from a work visas independently. People who get married while being here on an F1/ H1B/ whatever and then file for a greencard face different challenges than those who came on a K1, hence the different forum. They are looked at more closely, they may have a stokes interview etc.