H1B Extension and Marrying a US Citizen

[balboa 3]

I have applied for H1B extension (receipt date Sep 5th, awaiting decision).  I am going to get married to my girlfriend (who is a US Citizen) in first week of March, 2018 in India. Now looking at the H1B rejections I am scared if my case gets rejected then I will have to leave the country. I have a few questions regarding the next proceeding. It will helpful if someone can guide me.

 

1. Is there a way we can apply for adjustment of status now and will still be able to have wedding in March? 

2. If my H1B extension gets approved will AOS cause any issue in going to India in March 2018?

3. If my H1B extension gets rejected, will I be able to stay in US on basis of applied AOS?

4. How much is the wait time for AOS approval?

5. What is the high level process for AOS?

[Mr Geminian 691]

45 minutes ago, balboa said:

1. Is there a way we can apply for adjustment of status now and will still be able to have wedding in March? 

For AOS you will have to be married and send marriage certificate as part of the application.

 

46 minutes ago, balboa said:

2. If my H1B extension gets approved will AOS cause any issue in going to India in March 2018?

If you apply for AOS you will not be able to leave US until you receive your Advance Parole/Travel Document (which should be filed concurrently with AOS application)

 

47 minutes ago, balboa said:

3. If my H1B extension gets rejected, will I be able to stay in US on basis of applied AOS?

 

Once rejected then you will have a said time to leave ( i think 30 days) 

 

50 minutes ago, balboa said:

4. How much is the wait time for AOS approval?

For EAD its taking anywhere between 3-4 months and for AOS it all depends upon where you live. Am a august AOS filer  and USCIS office in cincinnati is still dealing with November 2016 cases but for some august filers from another states they have already received interview dates.

53 minutes ago, balboa said:

5. What is the high level process for AOS?

what do you mean high level process?

[Mollie09 1,543]

If you get married in the US, you can apply for AOS and get AP with that. It takes 4-5 months, and you can travel to India to have a wedding celebration.

You cannot apply for AOS before you are legally married.

[balboa 3]

Thanks Mollie!

How much time it takes to get Advance Parole after applying for AOS?

[balboa 3]

Thanks Avinash!

 

Any idea how much time it takes to get AP after applying for AOS?

[Mollie09 1,543]

4-5 months