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jonsnowz

Get married to a US citizen without filing AOS

By jonsnowz in Adjustment of Status from Work, Student, & Tourist Visas

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7 posts in this topic

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jonsnowz Newbie

jonsnowz   0

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Hi,

I'm on H1B visa (end of 5th year), and my current employer has just begun the perm process for me 2 months ago. My girl friend is a US citizen, and we plan to get married soon. I wonder if I can get married and not filing AOS,  here are several reasons for that:

- I was pursuing the green card process by employment

- It would cost our own money to file for AOS for family based green card, and it seems redundant effort though it's often faster

 

What's the legal action I need to take?

 

Thanks,

 

zoethecat Rookie

zoethecat   16

Posted
Filed: Other Country: Vietnam
 Timeline
Posted
36 minutes ago, jonsnowz said:

I wonder if I can get married and not filing AOS.

Yes.

 

36 minutes ago, jonsnowz said:

What's the legal action I need to take?

Nothing. Once your perm is approved by the DOL, and your PD becomes current, your company will file for your AOS (via employment-based GC).

 

Bigtuna Contributor

Bigtuna   34

Posted
Filed: AOS (pnd) Country: Spain
 Timeline
Posted

The only difference might be in how long would take to you to get the elegibility for citizienship (if you are even interested on getting it). I think is 3 years after a GC thought marriage but 5 if it is thought employment.

nendu Explorer

nendu   91

Posted
Filed: Lift. Cond. (pnd) Country: India
 Timeline
Posted (edited)
2 hours ago, Bigtuna said:

The only difference might be in how long would take to you to get the elegibility for citizienship (if you are even interested on getting it). I think is 3 years after a GC thought marriage but 5 if it is thought employment.

Actually, if a beneficiary is married to an USC, then they are eligible to file for citizenship after 3 years of getting green card, irrespective of how they got the green card (employment/family).

Edited by nendu

N-400 Timeline:

  1. 12/15/2024 - Filed N400 under 3 year rule; I751 still pending
  2. 12/15/2024 - Received electronic receipt notice and biometric reuse notice in myuscis account

RoC Timeline:

  1. 12/04/2023 - Application sent to USCIS Elgin, IL lockbox
  2. 12/07/2023 - Application received by USCIS
  3. 12/12/2023 - Received "Your case received" text message from USCIS. Receiipt # starts with IOE
  4. 12/13/2023 - Check cashed by USCIS
  5. 12/19/2023 - Received in mail the I797 with the receipt number and the online access code
  6. 12/19/2023 - Received in mail the bio-metric re-use notification
  7. 12/21/2023 - Received in mail the I797 NoA extending my green card by 48 months

 

 

nendu Explorer

nendu   91

Posted
Filed: Lift. Cond. (pnd) Country: India
 Timeline
Posted
On 10/3/2020 at 5:53 PM, jonsnowz said:

Hi,

I'm on H1B visa (end of 5th year), and my current employer has just begun the perm process for me 2 months ago. My girl friend is a US citizen, and we plan to get married soon. I wonder if I can get married and not filing AOS,  here are several reasons for that:

- I was pursuing the green card process by employment

- It would cost our own money to file for AOS for family based green card, and it seems redundant effort though it's often faster

 

What's the legal action I need to take?

 

Thanks,

 

It depends on your country of birth is. If it is a backlogged country like India or China, go for marriage based AOS. If your country is current just go for employment based green card. Assuming your company is paying for everything, it is cheaper that way. Additionally, you get a 10 year green card right away, whereas you will get a two year conditional green card with a marriage based AOS. Third advantage of employment based green card is paperwork is less. Finally, your girlfriend will not have to go to an interview if you go for an employment based one.

N-400 Timeline:

  1. 12/15/2024 - Filed N400 under 3 year rule; I751 still pending
  2. 12/15/2024 - Received electronic receipt notice and biometric reuse notice in myuscis account

RoC Timeline:

  1. 12/04/2023 - Application sent to USCIS Elgin, IL lockbox
  2. 12/07/2023 - Application received by USCIS
  3. 12/12/2023 - Received "Your case received" text message from USCIS. Receiipt # starts with IOE
  4. 12/13/2023 - Check cashed by USCIS
  5. 12/19/2023 - Received in mail the I797 with the receipt number and the online access code
  6. 12/19/2023 - Received in mail the bio-metric re-use notification
  7. 12/21/2023 - Received in mail the I797 NoA extending my green card by 48 months

 

 

 
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