Do I have to go back to the Philippines?

[ditz007 0]

Hello.

I have an H4 visa and I married an immigrant. We filed for Adjustment of Status last year and received a receipt notice right away. My questions are:

1. If my visa expires, do I have to go back to the Philippines?

2. If my husband files for citizenship, how long will it take for them to process his naturalization and how will that affect the AOS we filed?

Thanks you, and may you all have a nice day.

[YuAndDan 153]

An non-immigrant cannot file to adjust status due to marriage to a Lawful Permanent Resident, AOS only works in cases of a Non-Immigrant and US Citizen.

You will need to return home before visa expires to avoid becoming out of status, and then needing to file a waiver to get the visa in Manila

This question was asked yesterday. SEE: http://www.visajourney.com/forums/index.php?showtopic=61300

[Boiler 46,277]

To state the obvious your H4 Visa is due to your spouse having a H1 Visa.

So if you divorced the H1 Visa holder you do not have H4 status.

Assuming you entered legally, not a given, then your best bet would be to stay until your new? spouse has Citizenship and you can adjust without leaving.

Lawyer time.

Edited March 29, 2007 by Boiler

[ditz007 0]

To state the obvious your H4 Visa is due to your spouse having a H1 Visa.

So if you divorced the H1 Visa holder you do not have H4 status.

Assuming you entered legally, not a given, then your best bet would be to stay until your new? spouse has Citizenship and you can adjust without leaving.

Lawyer time.

Sorry I didn't clear that up. I obtained the H4 visa through my dad (he has an H1B). Then I got married to my husband. The thing is, I asked my parents if I have to go back to the Philippines and they said I can stay here because my husband (immigrant) already filed the Immigrant Petition for Relative (I-130). Am still confused if it is called AOS or what. I'm sorry.

Anyway, I'm just worried. If I stay here when my visa expires, then doesn't that count me as an illegal?

Thank you.

Oh, and do you think it's best if we hire a lawyer?

[ditz007 0]

An non-immigrant cannot file to adjust status due to marriage to a Lawful Permanent Resident, AOS only works in cases of a Non-Immigrant and US Citizen.

You will need to return home before visa expires to avoid becoming out of status, and then needing to file a waiver to get the visa in Manila

This question was asked yesterday. SEE: http://www.visajourney.com/forums/index.php?showtopic=61300

Thanks.

[Dr_LHA 3]

I have an H4 visa and I married an immigrant.

By immigrant, do you mean someone who has a green card?

[Boiler 46,277]

I have an H4 visa and I married an immigrant.

By immigrant, do you mean someone who has a green card?

OP asked about him applying for Citizenship, so sounds like it.

H4 Dependent is I think good until you are 21, so you can stay here until then.

Your Husband needs to be a Citizen to be able to file for you immediately, otherwise you need to wait for a Visa Number, 5 years or so. Seems reasonable to assume that you would be too old to wait this long, West Virginia excepted.

Edited March 29, 2007 by Boiler

[ditz007 0]

I have an H4 visa and I married an immigrant.

By immigrant, do you mean someone who has a green card?

Yes.

[ditz007 0]

I have an H4 visa and I married an immigrant.

By immigrant, do you mean someone who has a green card?

OP asked about him applying for Citizenship, so sounds like it.

H4 Dependent is I think good until you are 21, so you can stay here until then.

Your Husband needs to be a Citizen to be able to file for you immediately, otherwise you need to wait for a Visa Number, 5 years or so. Seems reasonable to assume that you would be too old to wait this long, West Virginia excepted.

Ok. Thanks a lot. My husband is going to file for citizenship next week. I hope everything works out fine. Will also consult a lawyer and see if it helps speed out the process.

By the way, what do you mean by West Virginia excepted?

[florida_guy07 0]

I have an H4 visa and I married an immigrant.

By immigrant, do you mean someone who has a green card?

OP asked about him applying for Citizenship, so sounds like it.

H4 Dependent is I think good until you are 21, so you can stay here until then.

Your Husband needs to be a Citizen to be able to file for you immediately, otherwise you need to wait for a Visa Number, 5 years or so. Seems reasonable to assume that you would be too old to wait this long, West Virginia excepted.

Ok. Thanks a lot. My husband is going to file for citizenship next week. I hope everything works out fine. Will also consult a lawyer and see if it helps speed out the process.

By the way, what do you mean by West Virginia excepted?

Speed out the process by hiring a lawyer ? Ain't gonna happen...

An non-immigrant cannot file to adjust status due to marriage to a Lawful Permanent Resident, AOS only works in cases of a Non-Immigrant and US Citizen.

You will need to return home before visa expires to avoid becoming out of status, and then needing to file a waiver to get the visa in Manila

That's not true.

A LPR is able to sponsor/petition to a non-immigrant, it takes a looooooooooooooooooong time... 3..4..5 years but it can be done indeed.

[ditz007 0]

An non-immigrant cannot file to adjust status due to marriage to a Lawful Permanent Resident, AOS only works in cases of a Non-Immigrant and US Citizen.

You will need to return home before visa expires to avoid becoming out of status, and then needing to file a waiver to get the visa in Manila

That's not true.

A LPR is able to sponsor/petition to a non-immigrant, it takes a looooooooooooooooooong time... 3..4..5 years but it can be done indeed.

So, does that mean I can stay here and wait 3-5 years even though my visa expires?

Edited March 29, 2007 by ditz007

[Boiler 46,277]

An non-immigrant cannot file to adjust status due to marriage to a Lawful Permanent Resident, AOS only works in cases of a Non-Immigrant and US Citizen.

You will need to return home before visa expires to avoid becoming out of status, and then needing to file a waiver to get the visa in Manila

That's not true.

A LPR is able to sponsor/petition to a non-immigrant, it takes a looooooooooooooooooong time... 3..4..5 years but it can be done indeed.

So, does that mean I can stay here and wait 3-5 years even though my visa expires?

As long as you can maintain status, H4 is your current status, well until you age out or convert to another Status.

They get married a bit younger in West Virginia, so I have read, If your spouse had just acquired LPR, then you would need to find a status to maintain for 5 or so years. H4 would mean they you would have to be no more than 15 as you would otherwise age out.

You normally do not need a Lawyer to file for Citizenship. The Guide on the USCIS site is pretty good.

[florida_guy07 0]

An non-immigrant cannot file to adjust status due to marriage to a Lawful Permanent Resident, AOS only works in cases of a Non-Immigrant and US Citizen.

You will need to return home before visa expires to avoid becoming out of status, and then needing to file a waiver to get the visa in Manila

That's not true.

A LPR is able to sponsor/petition to a non-immigrant, it takes a looooooooooooooooooong time... 3..4..5 years but it can be done indeed.

So, does that mean I can stay here and wait 3-5 years even though my visa expires?

If you are able to maintain status while you wait 3-5 years, yes. (I doubt you will be able to, unless you are like 16 years old right now.) But if your husband is already eligible for citizenship why wait 3-5 plus 1 year for AOS ? Just get his citizenship, which shouldn't take more than 1 year and then file for AOS which generally will take less than 1 year.

If you want you can apply for AOS right now and then once he becomes a US citizen you can upgrade your petition to 1st category (spouse of US citizen).

[ditz007 0]

An non-immigrant cannot file to adjust status due to marriage to a Lawful Permanent Resident, AOS only works in cases of a Non-Immigrant and US Citizen.

You will need to return home before visa expires to avoid becoming out of status, and then needing to file a waiver to get the visa in Manila

That's not true.

A LPR is able to sponsor/petition to a non-immigrant, it takes a looooooooooooooooooong time... 3..4..5 years but it can be done indeed.

So, does that mean I can stay here and wait 3-5 years even though my visa expires?

As long as you can maintain status, H4 is your current status, well until you age out or convert to another Status.

They get married a bit younger in West Virginia, so I have read, If your spouse had just acquired LPR, then you would need to find a status to maintain for 5 or so years. H4 would mean they you would have to be no more than 15 as you would otherwise age out.

You normally do not need a Lawyer to file for Citizenship. The Guide on the USCIS site is pretty good.

Ok. Thanks for all the information. =) Have a nice day!

An non-immigrant cannot file to adjust status due to marriage to a Lawful Permanent Resident, AOS only works in cases of a Non-Immigrant and US Citizen.

You will need to return home before visa expires to avoid becoming out of status, and then needing to file a waiver to get the visa in Manila

That's not true.

A LPR is able to sponsor/petition to a non-immigrant, it takes a looooooooooooooooooong time... 3..4..5 years but it can be done indeed.

So, does that mean I can stay here and wait 3-5 years even though my visa expires?

If you are able to maintain status while you wait 3-5 years, yes. (I doubt you will be able to, unless you are like 16 years old right now.) But if your husband is already eligible for citizenship why wait 3-5 plus 1 year for AOS ? Just get his citizenship, which shouldn't take more than 1 year and then file for AOS which generally will take less than 1 year.

If you want you can apply for AOS right now and then once he becomes a US citizen you can upgrade your petition to 1st category (spouse of US citizen).

Thanks for all the info. =) My husband will file for his citizenship next week. Have a nice day!

[Killer_Clown_2009 0]

An non-immigrant cannot file to adjust status due to marriage to a Lawful Permanent Resident, AOS only works in cases of a Non-Immigrant and US Citizen.

You will need to return home before visa expires to avoid becoming out of status, and then needing to file a waiver to get the visa in Manila

That's not true.

A LPR is able to sponsor/petition to a non-immigrant, it takes a looooooooooooooooooong time... 3..4..5 years but it can be done indeed.

So, does that mean I can stay here and wait 3-5 years even though my visa expires?

If you are able to maintain status while you wait 3-5 years, yes. (I doubt you will be able to, unless you are like 16 years old right now.) But if your husband is already eligible for citizenship why wait 3-5 plus 1 year for AOS ? Just get his citizenship, which shouldn't take more than 1 year and then file for AOS which generally will take less than 1 year.

If you want you can apply for AOS right now and then once he becomes a US citizen you can upgrade your petition to 1st category (spouse of US citizen).

If she applies for her AOS now, it will be rejected. Her husband can upgrade the I-130 (which is what it sounds like they have already filed) once he has citizenship and then they can file the AOS application immediately.

Edited March 29, 2007 by jane2005