It's been 8 months and my fiancé is still stuck in India...where do we go from here?!?

[werkeholik 0]

I'll try to condense this as much as possible since I know there are far greater sob stories than ours.

 

My fiancé, who is an IT consultant and an Indian Citizen, had not been home to visit his parents in India for over 5 years. We finally agreed he needed to go back knowing that the process would probably be a little bit longer for his stamping. We thought we were all prepared. His H1-B had been extended to 2019 and we had enough savings for 6 months. He had a great client he had been working with for 3 years (so we thought), great friends, greater connections, and had lived in our particular city for 8 years. Mortgage, car, loans, you name it...an entire life here. With all his papers intact and his client project extended to end of October 2018 (what it said on the vendor letter), he left in middle of December of 2017. 

 

Fast forward, it's been a month. He's submitted everything he needs to submit, done his mental/physical assessment, and gets stuck in Admin Processing. Typical but we, again, were prepared that this may happen. His client then tells him that funding got pulled for his project and now will end in February 2018. USCIS unfortunately calls the client directly right after the decision was made and states February 2018 is too much of a risk for his return. He needs to prove the project will be extended until October 2018. His manager at the client site then pulls back knowing my fiancé might be stuck, refuses to give an updated client letter, and gave the position to another consultant physically in the U.S. My fiance searches and searches for a new client while in India until his consulting agency allows a position for an in-house project. By this time, it’s April. He again goes to the Consulate. They want him to amend his H1-B and submit a I-797C. His consulting company finally gets the lawyers together after 2 months and gets the I-797C. He submitted the documents to USCIS over 30 days ago.

We know it can take up to 60 days (or longer) for documents submitted. At this point, after 8 months of not being together and our finances drained (even with me still working and paying remaining bills in the USA), it just feels like it would be easier to throw everything into a gaping black hole. 

 

My questions are as follows:

-Do we have any recourse if they don't respond within 60 days? 

-What would be the easiest path as a U.S. citizen and his fiancée to bring him over if his current process doesn't work? Would it be easier for me to buy a ticket to India, participate in a quick civil ceremony, and then petition something?

-What does this do to his H-1B visa? 

-If I petitioned for him in a certain way, would that then stop his current process or conflict?  

-What would I need to submit over in the US and him over in India to make our marriage official?

 

 

We wanted to wait for our dream wedding but obviously now my biggest regret was not just getting married here in the U.S. After 8 months alone, I learned real fast that being together is far more important than any you think you need after looking on pinterest. For anyone in the same boat, my heart goes out to you!

Feels like there's so much information out there that I just end up feeling lost. I appreciate any advice or experiences.
 

[geowrian 22,338]

2 minutes ago, werkeholik said:

My questions are as follows:

-Do we have any recourse if they don't respond within 60 days?

No. The 60 days is a goal, but AP has no time limit.

2 minutes ago, werkeholik said:

-What would be the easiest path as a U.S. citizen and his fiancée to bring him over if his current process doesn't work? Would it be easier for me to buy a ticket to India, participate in a quick civil ceremony, and then petition something?

You can marry and do a CR-1 visa or do a K-1 visa.

CR-1: ~12-16 months http://www.visajourney.com/content/i130guide1

K-1: ~8-12 months http://www.visajourney.com/content/k1guide

 

K-1 has several drawbacks (cost, can't work for ~3-6 months after marring in the US, can't travel abroad for the same time period, etc.)

2 minutes ago, werkeholik said:

-What does this do to his H-1B visa?

Nothing

2 minutes ago, werkeholik said:

-If I petitioned for him in a certain way, would that then stop his current process or conflict?  

No

2 minutes ago, werkeholik said:

-What would I need to submit over in the US and him over in India to make our marriage official?

No, you can marry anywhere.

[Roel 7,193]

Not sure why you wasted all that time on research and never come up with an idea to apply for fiance visa- k1. 

 

The processing time it about 7 to 10 months and after arrival and wedding you submit AOS package (12 months processing) and your new spouse receive a green card. Downsize is that he will NOT be allowed to work until he receive a work permit (which takes about 3 to 6 months from the moment you filed AOS). There is also spouse visa if you decide to marry in India instead. K1 IS for marrying in US. 

 

Also there is NO easy or fast way. 

 

There are proper guides on the website so I won't bother with details. 

Edited July 30, 2018 by Roel

[werkeholik 0]

If he already has an H1B until 2019 and it isn't effected, then wouldn't that mean if he came over hypothetically on a K-1, he would still legally be allowed to work?

 

19 minutes ago, geowrian said:

K-1 has several drawbacks (cost, can't work for ~3-6 months after marring in the US, can't travel abroad for the same time period, etc.)

Nothing

 

[geowrian 22,338]

Just now, werkeholik said:

If he already has an H1B until 2019 and it isn't effected, then wouldn't that mean if he came over hypothetically on a K-1, he would still legally be allowed to work?

No. If he enters on a K-1, then he will have K-1 status and needs an EAD to work, which should be applied for at the same time as the AOS application (I-485). One can possess many visas, but only one status in the US at a time. A visa is just a document to request entry into the country.

 

However, H-1B is a dual intent visa, so he can come to the US and enter on an H-1b visa to get H-1B status. Then marry and apply for AOS. No need for the K-1. In that case, he can work in accordance with his H-1B visa terms (and/or get an EAD from AOS and use that to work for any employer).