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Posted

 

I am in the US on a F1 visa expiring in 6 months, engaged to a H1B holder who is about to get sponsored for EB-1 green card. We both want to stay and live together in the US.


Should I get added to his application as a spouse (i.e. get married now)? Once his I-140 is approved (very likely) and we both file AOS, I can't risk travel because re-entering the US as F1 and pending AOS is a problem, correct? If the AOS is denied or cancelled by me (to travel in emergency), then having expressed intent to immigrate I cannot extend the F1 or get OPT in the future, is that correct?

 
If we don't marry now and I don't get added to his application as spouse, he has to sponsor me later as a green card holder himself, which takes 2-3 years. During that time, will I have the same problem with travel - being on OPT or STEM extension and with pending AOS from his sponsorship of me as spouse, will crossing the border be risky?

Thanks for any advice.

Filed: F-2A Visa Country: Nepal
Timeline
Posted

While you could be having similar travel related issues with pending AOS whether EB based or family based later on, you will not only need to go thru 2 yrs average process in family based petition but also go thru providing lots of evidences.

 

Since EB1’s PD is current, marrying and adding you in his EB1 based petition is yhe best choice. You both will get GC together and you don’t need to go thru gathering tons of marriage based evidences.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

 
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