H1B or AOS from OPT?

[llamaladies 0]

(Feel free to migrate this as necessary, not sure where it should be)

Hi! I'm the USC half of this relationship, still new to all this so bear with me and please tell me immediately if anything seems questionable. My girlfriend's OPT (non-STEM, master's) is up at the end of July, and we're trying to figure out what all the options are for her to stay in the country. She has an offer of H1B sponsorship from her current employer, so that's a possibility, though the idea of paying $3,000 (lawyer's fees, her employer's covering filing as they should) for probably a lottery ticket seems moderately insane to me. They seem to have plenty of experience with filing it, so my assumption is the only theoretical issue would be whether there are enough slots.

My understanding is that Option B could be AOS. We've been living together since last June - joint lease, joint utilities, joint finances since last July, etc. We met two years ago (her second semester on F1, so there was no immigration intent on entry), and have been seriously discussing engagement/future for 6+ months (even have September emails from jewelers to show it). There's no rings on either of our fingers yet, but everyone around us knows that's clearly the goal, it's just a question of the right timeline. We'd prefer to have a larger family-and-friends ceremony a little while from now when there's time for party planning logistics.

What would you all do? Is a trip to city hall even an option? If so, would we have anything to worry about if we're not **technically** engaged a few months before we'd file (even if anyone who'd get asked about it knows we're ring shopping)? Does USCIS care if you just have a teensy city hall thing and not a big family wedding? Does H1B or AOS stand a better chance at getting approved? If she were to file for H1B, not get it, but we got married prior to her OPT expiring, would AOS still be a possibility or would that raise flags? Is country of citizenship relevant, particularly if they don't currently have any sort of LGBT rights and therefore living there together would be difficult?

Thanks in advance for your answers, I know I asked a lot of questions. There's still a part of me in shock at what all this post-DOMA world entails, and I would love for her to be able to stay in this happy little home we've made.

[Hypnos 6,578]

As you say, H-1B would be a lottery; she might get picked, she might not. AoS, provided you are eligible and provide all required documentation, is much more definite.

If you wish to, consider marrying and file for adjustment of status. If you pursue this route, follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

USCIS does not give a fig whether you are married in front of 5 people or 500, provided that you are legally married according to the laws of your state in a bona fide marital relationship. Since you're a same-sex couple then you must (obviously) marry in a state where it is legal to do so, but you can reside in any state you wish (so if needed you can make a border run, marry, then resume your residence in a different state if your state does not permit gay marriage). Her country of citizenship is not particularly relevant, nor are its laws regarding gay rights or anything else.

Edited January 10, 2015 by Hypnos

[j&ana 380]

I would do AOS as there is no intention of immigration fraud on your part. As far as a ring USCIS does not care if there is a ring or not. They just want proof of your relationship and proof of your marriage so you will need a legal marriage certificate. you could go to city hall and get marry in front of a judge or justice of the peace of course you will have to do it in a state where same sex is legal. I am not sure what state you are from and if it is legal in your state. Later on if you want you could have a 2nd bigger wedding(renewing of vows) for your friends and family if you wanted to.

Edited January 10, 2015 by j&ana

[Ryan H 3,834]

Moved from What Visa Do I Need - Family Based Immigration to Adjustment of Status from Work, Student, & Tourist Visas forum.

[greenalien 3]

(Feel free to migrate this as necessary, not sure where it should be)

Hi! I'm the USC half of this relationship, still new to all this so bear with me and please tell me immediately if anything seems questionable. My girlfriend's OPT (non-STEM, master's) is up at the end of July, and we're trying to figure out what all the options are for her to stay in the country. She has an offer of H1B sponsorship from her current employer, so that's a possibility, though the idea of paying $3,000 (lawyer's fees, her employer's covering filing as they should) for probably a lottery ticket seems moderately insane to me. They seem to have plenty of experience with filing it, so my assumption is the only theoretical issue would be whether there are enough slots.

My understanding is that Option B could be AOS. We've been living together since last June - joint lease, joint utilities, joint finances since last July, etc. We met two years ago (her second semester on F1, so there was no immigration intent on entry), and have been seriously discussing engagement/future for 6+ months (even have September emails from jewelers to show it). There's no rings on either of our fingers yet, but everyone around us knows that's clearly the goal, it's just a question of the right timeline. We'd prefer to have a larger family-and-friends ceremony a little while from now when there's time for party planning logistics.

What would you all do? Is a trip to city hall even an option? If so, would we have anything to worry about if we're not **technically** engaged a few months before we'd file (even if anyone who'd get asked about it knows we're ring shopping)? Does USCIS care if you just have a teensy city hall thing and not a big family wedding? Does H1B or AOS stand a better chance at getting approved? If she were to file for H1B, not get it, but we got married prior to her OPT expiring, would AOS still be a possibility or would that raise flags? Is country of citizenship relevant, particularly if they don't currently have any sort of LGBT rights and therefore living there together would be difficult?

Thanks in advance for your answers, I know I asked a lot of questions. There's still a part of me in shock at what all this post-DOMA world entails, and I would love for her to be able to stay in this happy little home we've made.

yea we did a trip to the county clerk's office and didn't even have any family members there (we had circumstances that sort of made it that way which we explained to the IO), and were approved on the spot. so yes a trip to city hall is definitely an option. we also got married prior to my OPT expiring, that was not an issue during our interview.

i've seen posters talking about IO's asking about rings during the interview, and the IO definitely wanted to see our rings during the interview, so i recommend getting them prior to the interview... anyway good luck!