Engaged while on H1B, and ceremonial marriage in 2 years. Lay-off Scenario?!

[bkunnam 0]

Hello Everyone! Would love some help with my scenario,

In 2012 I transferred my employment to a second company, and the H1B/i797 work status was approved for 3 years (2015). In the mean time, my H1B visa with my first employer has been running out, and is set to expire in Sept 2013. As someone in the case would normally do, my plan was to visit my home country (or Canada) this summer and have a new visa stamped that would go out till 2015 (in alignment with my new 797 status).

Just this week, I'm engaged to a USC. We plan to have wedding ceremonies in two countries so all our family can participate, but that means pushing it out until 2014 so we can save up for two weddings.

In a typical case, I'd assume that I can continue staying/traveling on my current H1B until it expires this Sept. Given the 'dual intent' clause with H1B's I don't expect any issues with applying and getting the new H1B visa later this year as well (based on my approved employment with the new employer).

My Question/Concern,

Is with the situation that I get laid off between now and the time I marry my USC fiance in Sept 2014. Let's consider I dont find a H1B transfer in time, I presume that by being laid off my H1B goes out of status. Given the fact that we are not married at the time, I can't file a AOS either. I don't intent to waste time with a fiance K visa.

(Q1) What would happen in such a case, and what would my other options be?

My two cents,

Given the fact that we are committed to marriage, I'm considering doing a civil marriage maybe this year and applying for AOS soon after (along with EAD and Advance Parole application) so we can do all the legitimate paperwork to ensure we can be together right from now.

(Q2) Would that cover me sufficiently so I can continue to be with my partner and continue to work/earn (using EAD if I get laid off)? If things continue to go well as is (and I don't get laid off), would there be any drawback of applying for AOS or using the EAD based employment (vs sticking with my current H1B status until 2015)?

(Q3) Also, since we are planning a much bigger dual religious ceremonies later in 2014, the civil marriage in 2013 might be very small,private. Is that looked upon poorly by Immigration officials as illegitimate? I have no issues addressing any fraud concerns as our relationship is as real as it gets but its good to be well informed on how they see it.

I'd like to get an expert opinions/thoughts on what you'd recommend. At the end of the day, I plan to get married in 2014 and process my GC application but I'd like to consider earlier alternatives to ensure I can work successfully and live happily/stress-free with my fiance without any trouble/road bumps over the next 1-2 years

Thanks in advance!

[Waiting234 18]

Well, it would appear that you're not getting laid off at this time. I would discuss the risks with your significant other and see what their thoughts are. Anything you get in this forum won't help you too much because the answer would be highly opinionated. I am not familiar with the H1B visa, but how long after you get laid off do you have to go back to your home country? Is it against the rules to marry and apply for AOS as a result of getting laid off, especially if you can provide the proof that you had a wedding planned anyway and couldn't bare the thought of being separated?

You may want to wait it out until you know for sure you may get laid off, then explain at the interview you had this wedding planned, etc and that the K-1 process would have changed the wedding plans. A wedding is very expensive and can be more expensive to change. Speaking from personal experience, I have been through the K-1 process and, unfortunately, the United States of America does not care about anyone's liberties when it comes to immigration. My fiancee and I have been separated for over a year and we are of the most qualified for this kind of visa. Any opportunity we have had to be more than a piece of paper (ie. interviews, telephones, or other face-to-face situations) then they clearly can tell we are truthfully wanting to get married and this has never been a question for us.

If your intentions are pure and you approach the stand for an interview, I don't think you will have any problems. If there is anything that pops up along the way, then in your interview you can explain that, "you and your fiance were just trying to do the right thing and not everyone can be an immigration lawyer!" Good luck with however you chose and, if you are a real couple, this will be good practice to discuss some of the important things in life. Not everything can be your way only!

Edited March 2, 2013 by Waiting234

[Harpa Timsah 13,258]

If you get laid off you can marry and file for AOS. A fancy wedding is not a requirement. A real marriage is.

[ceadsearc 516]

Agree with Harpa. Though, you can also do a civil ceremony and file AOS now if it gives you peace of mind.

[C-ma'am 684]

**Post moved from AOS from family visas to AOS from Work, Student & Tourist visas; as the OP will eventually be AOSing from a work visa.

[TBoneTX 46,208]

*** Duplicate thread in CR-1 forum removed. ***