H-1B --> Green Card through marriage (2 questions)

[cleves 0]

Hi everyone,

My girlfriend is currently working in the U.S. pursuant to an H-1B visa, which is due to expire in late August. We have been together for over 3 years, and are very committed to each other. I will be asking her to marry me very shortly.

Question 1: Presuming that we filed an AOS (including an EAD request) around the middle of April, would there be any point in also filing for a renewal of her H-1B as well? My understanding is that EAD applications are typically processed within a 90-day time frame, with possibly some outliers. However, is there any possible chance that it would take the EAD application more than 4.5 months to be processed? I really, REALLY want to make sure that my girlfriend does not lose her current job in early September because her H-1B has expired and her EAD has not yet arrived.

Question 2: I was previously married to someone else, who received a green card as a result of that marriage. We were married in 2006, and were divorced in 2011. That marriage was absolutely real, but things did not work out. Will this previous marriage result in any issues for my girlfriend and me now, in 2016? If it helps, my girlfriend and I have a ton of evidence to prove that our relationship/marriage is real (own an apartment together, with both our names on the deed; have a joint credit card; have three years worth of pictures together with friends and family; etc., etc.).

Any answers to the above would be greatly appreciated.

[Starkilla09 366]

Hi everyone,

My girlfriend is currently working in the U.S. pursuant to an H-1B visa, which is due to expire in late August. We have been together for over 3 years, and are very committed to each other. I will be asking her to marry me very shortly.

Question 1: Presuming that we filed an AOS (including an EAD request) around the middle of April, would there be any point in also filing for a renewal of her H-1B as well? My understanding is that EAD applications are typically processed within a 90-day time frame, with possibly some outliers. However, is there any possible chance that it would take the EAD application more than 4.5 months to be processed? I really, REALLY want to make sure that my girlfriend does not lose her current job in early September because her H-1B has expired and her EAD has not yet arrived.

Question 2: I was previously married to someone else, who received a green card as a result of that marriage. We were married in 2006, and were divorced in 2011. That marriage was absolutely real, but things did not work out. Will this previous marriage result in any issues for my girlfriend and me now, in 2016? If it helps, my girlfriend and I have a ton of evidence to prove that our relationship/marriage is real (own an apartment together, with both our names on the deed; have a joint credit card; have three years worth of pictures together with friends and family; etc., etc.).

Any answers to the above would be greatly appreciated.

1. Majority of EAD's are processed within the 60 to 90 days frame. A few unfortunate people have had to cross 90 days but it's not a norm with the majority of people though. However; considering you'll be applying mid April, she should have it before September for darn sure. That's way ample time to process an EAD. If she doesn't mind having the H-1B as a safe net status to hang on to ( just in case the adjustment of status goes south) she can apply for a renewal.

2. Yes, your previous marriage will be revisited for sure. This however doesn't mean you new spouse can't adjust her status through you. They might just add more scrutiny to make sure this marriage is valid, and likewise pry into the old one to also make sure it was and not for your ex-wife to procure a green card. On the positive side it's a good thing your prior marriage lasted couple of years and so is your current relationship. With solid evidence and relationship history, your soon to be wife should be able to adjust.