Advice for H-1B to GC

[Yorkie62 54]

Hi everyone! Following the engagement to my fiancee (a US Citizen) we plan to have a family wedding next year. However, with COVID uncertainties we figured that it might be beneficial to get legally married this year as it will help with buying a house, travel, work and just general stability and have the family celebration when family can travel.

 

Does timing of the marriage matter for AOS? Our relationship is legit, we've been dating for over three years, living together for two (with joint lease), we have a history of travel together, seeing each other's families, etc. We don't have a shared bank account or loan together, but we are each other's beneficiary for life insurance and have joint home/car insurance. We have a bunch of pictures from trips together and could get affidavits of our relationship easily. We are not getting married specifically for a green card, but the timing of the legal marriage (rather than waiting until next year) would be to help us make a life together ASAP. I have no urgency for employment authorization, but who knows what will happen between now and next year?

 

Is this OK? Could it cause us trouble?

 

Also, classic question, but do we need to consult a lawyer for the application? I'm here on an H-1B, have been in the country as a student and working for almost ten years and am familiar with applying for EAD although I understand that the stakes are higher this time. I've never had any legal issues whatsoever. Having read through the documents required, it doesn't seem that difficult even though laborious.

[HRQX 4,145]

6 minutes ago, Yorkie62 said:

Also, classic question, but do we need to consult a lawyer for the application?

In my opinion lawyer not necessary. You can DIY through the process. Filing the forms for work authorization and advance parole are free to file if full I-485 fee is paid: https://www.uscis.gov/i-485

Filing Forms I-765 and I-131 with Form I-485

If you submit Form I-485 and pay the required fee, you do not have to pay an additional fee to also file Form I-765, Application for Employment Authorization, and/or Form I-131, Application for Travel Document, for advance parole. You may submit these forms together. If you choose not to file Form I-765 and/or Form I-131 with your Form I-485, then you must submit a copy of your I-797C, Notice of Action, (also known as your receipt) as evidence that you filed Form I-485.

 

 

After you legally marry submit the following. I-130 and I-864 are filled-out by the US citizen, and the rest of the forms by the immigrant. In general, send the following four packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-130 with I-130A and copy of marriage certificate, filing fees, etc.;
• I-485 with I-864 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

[igoyougoduke 1,675]

2 hours ago, Yorkie62 said:

Hi everyone! Following the engagement to my fiancee (a US Citizen) we plan to have a family wedding next year. However, with COVID uncertainties we figured that it might be beneficial to get legally married this year as it will help with buying a house, travel, work and just general stability and have the family celebration when family can travel.

 

Does timing of the marriage matter for AOS? Our relationship is legit, we've been dating for over three years, living together for two (with joint lease), we have a history of travel together, seeing each other's families, etc. We don't have a shared bank account or loan together, but we are each other's beneficiary for life insurance and have joint home/car insurance. We have a bunch of pictures from trips together and could get affidavits of our relationship easily. We are not getting married specifically for a green card, but the timing of the legal marriage (rather than waiting until next year) would be to help us make a life together ASAP. I have no urgency for employment authorization, but who knows what will happen between now and next year?

 

Is this OK? Could it cause us trouble?

 

Also, classic question, but do we need to consult a lawyer for the application? I'm here on an H-1B, have been in the country as a student and working for almost ten years and am familiar with applying for EAD although I understand that the stakes are higher this time. I've never had any legal issues whatsoever. Having read through the documents required, it doesn't seem that difficult even though laborious.

H1b is a dual intent visa. You can remain on H1b visa until your I-485 is approved. You do not need a lawyer as long as you can complete the forms and submit the documents 

[lazylady 6]

Hi Yorkie62, 

 

I'm a fellow H-1B to AOS filer. Just interviewed yesterday and got approved! 

 

Yes, the process takes a while and there's a lot of paperwork to file, but 2 great things for you to get married and file now are:

1) You don't need to file I-944 (Declaration of Self-Sufficiency) any more. It's a huge relief since there are so many documents you need to support that form. 

2) Technically the pandemic is still here, so you can have a very small wedding with just the 2 of you + justice of the peace, and it saves a bunch of money on reception party too! We decided to wed 1 day before our actual wedding. Just keep in mind that IO don't like to hear that you are planning to just marry on the paper now and will have a "real" ceremony later. 

 

On 4/14/2021 at 10:56 PM, Yorkie62 said:

Our relationship is legit, we've been dating for over three years, living together for two (with joint lease), we have a history of travel together, seeing each other's families, etc. We don't have a shared bank account or loan together, but we are each other's beneficiary for life insurance and have joint home/car insurance. We have a bunch of pictures from trips together and could get affidavits of our relationship easily

I see an abundance of evidence for a bona fide relationship here. We submit very much the same documents for our case (joint lease, joint credit card/bank statements, beneficiary for insurances, trip details + about 10 photos + some short caption/narratives about our story under the photos, etc.) . I don't think you need third party affidavits, my attorney said those are often too short for their purposes, and your case seems to be straightforward anyway. 

 

Also, you might not need an attorney. Many people here DIY their files. For us, we collected all questions as we run through the forms, and searched/posted our questions on VJ, and then get maybe 2- 3 one-hour consultation sessions with an experienced attorney. Those were more than enough to get everything through.