Work visa --> Green card? Does this timeline make sense?

[sbebo 0]

Hi all,

 

My fiancee and I are new to VJ and were hoping to see if anyone could help clarify some things for us.

 

I am a US citizen and my fiancee is a Chinese citizen. She is currently here in the country on a work visa, but it will expire soon. Our plan is to get married and then apply for a green card. I will fill out form I-130, and she fills out I-485.

 

One complication is that her work visa may expire before we get to start this whole process (marriage, green card). What would happen in that scenario? Are there options?

 

Also, in these beginning steps, what else should we be aware of?

 

Thank you in advance

[Mike E 11,742]

She starts to accrue unauthorized  presence and is at risk of being detained by ICE in preparation for removal proceedings.  Once this happens it gets complicated.  
 

I suggest you get married and file the 1-130/I-485/... package before her authorized stay expires.  

 

If you prefer to do otherwise then you should hire a lawyer.  

Edited October 21, 2020 by Mike E

[sbebo 0]

21 hours ago, Mike E said:

She starts to accrue unauthorized  presence and is at risk of being detained by ICE in preparation for removal proceedings.  Once this happens it gets complicated.  
 

I suggest you get married and file the 1-130/I-485/... package before her authorized stay expires.  

Thanks for responding with those suggestions and that link! Definitely want to get it all done ASAP.

 

We believe her work visa has a 60 day grace period (allowing her time to search for a new employer). Do you know if we can get married and file I-130/I-485 during this period?
 

Also, the moment we submit the I-130/I-485, is she okay to continue staying in the US? Or do we need to wait months for things to get processed (meaning her work visa will expire and she'll be here illegally)?

[Mike E 11,742]

5 minutes ago, sbebo said:

Thanks for responding with those suggestions and that link! Definitely want to get it all done ASAP.

 

We believe her work visa has a 60 day grace period (allowing her time to search for a new employer). Do you know if we can get married and file I-130/I-485 during this period?
 

Also, the moment we submit the I-130/I-485, is she okay to continue staying in the US? Or do we need to wait months for things to get processed (meaning her work visa will expire and she'll be here illegally)?

I’m not going to advise you to wait until she falls out of status.  You should see a lawyer.  
 

Filing an I-485 extends her status.  

[wagecuck3 31]

On 10/22/2020 at 12:47 AM, sbebo said:

Thanks for responding with those suggestions and that link! Definitely want to get it all done ASAP.

 

We believe her work visa has a 60 day grace period (allowing her time to search for a new employer). Do you know if we can get married and file I-130/I-485 during this period?
 

Also, the moment we submit the I-130/I-485, is she okay to continue staying in the US? Or do we need to wait months for things to get processed (meaning her work visa will expire and she'll be here illegally)?

The 60 day grace period is considered a period of valid status, so one may file for adjustment of status during that period.

 

However, there is not a 60 day grace period at the end of the I-129 petition validity. When her status expires (as shown on her I-94) then she will be out of status. In most cases, the I-94 expires 10 days after the I-129 petition, not 60 days. But the I-94 is the final source of truth (sometimes the 10 day grace period is not given).

 

You should aim to have the I-130 and I-485 filed as soon as possible, but if her status does expire, you can still file because the spouse of a US citizen is not required to be in valid status at the time of filing, provided that they were inspected and admitted or inspected and paroled during their last entry to the US.