Help with confusing information for soon to be married couple

[Pauline72 0]

I'm a German citizen, living and working in New York City on a H-1 B visa, my fiance is American. We are getting married in September. I was advised that it would be a good idea if not mandatory to get married in the States rather than outside and then enter as a married couple, so we'll have a small legal ceremony here and then another one next June in Italy. I haven't really started to look into all the forms I will need to fill out, but I know that I have to file for AOS. Is it true that I'm not allowed to leave the country as long as the application is being processed? I've heard stories about people who weren't allowed to leave for six or more months and would like to know if this is true or not. I was planing on going home to Germany for the holidays, 3 1/2 months after getting married--will I be able to do this? Will my AOS be a complicated hell of paperwork for me?

Thanks in advance for any advice.

[motu 6]

After you file for AOS (or at the same time) you can file for AP (Advance Parole) It allows you to come back to USA when you leave. Check out the guides at the top of this page and you can see the forms etc. It sometimes takes 2 to 3 months to get - so make sure to file for it well in time for your planned vacation. Good Luck

Edited April 11, 2006 by motu

[Autumnal 25]

If you file your AOS, I recommend also getting the advanced parole (travel permit) which will allow you to re-enter the US without abandoning your case. I'm afraid I'm not too familiar with the H1 category.

[tomica52 0]

You will need to file a number of forms. I-130 and I-485 which are required to adjust status based on a merriage to a US citizen. If you would like to leave the country before you get your Green Card you should apply for AP which takes up to 3 months to get and lasts 1 year (you can apply for as many as you need). Also you can apply for EAD which is a work permit. However there is something different about switching from H1, I even think that you get to keep that visa, and that you can go in and out of the US on that visa while you adjust status.

Good luck

Alex

[motu 6]

However there is something different about switching from H1, I even think that you get to keep that visa, and that you can go in and out of the US on that visa while you adjust status.

Good luck

Alex

Nope - My friend who was on an H1 and was in the middle of his permanent residency application had to get an AP before traveling.

[easyelvis 0]

Thanks for first advice! I found all the forms and will file for AP this summer. Since it takes up to three months, could I/should I file before I file for AOS, or is that not possible?

[Rocio 0]

according to instructions in for I-131 for advance parole i quote:

NOTE: if you are in the United States and wish to travel abroad, you DO NOT need to apply for advance parole if both conditions described below in number 1 and 2 are met:

1.- you are in one of the following non-immigrant categories:

a. an H-1 temporary worker, or h-4 spouse or child of H-1

b. .......

c.......

d ......

2. a form I-485 aplication to register permanent residence or adjust status, was filed in your behalf and is pending with the USCIS.

however upon your returning to the USA you must present your valid, H, L, K, or V, non-immigrant visa and continue to remain eligible for that status.

Edited April 12, 2006 by Rocio

[Pauline72 0]

according to instructions in for I-131 for advance parole i quote:

NOTE: if you are in the United States and wish to travel abroad, you DO NOT need to apply for advance parole if both conditions described below in number 1 and 2 are met:

1.- you are in one of the following non-immigrant categories:

a. an H-1 temporary worker, or h-4 spouse or child of H-1

b. .......

c.......

d ......

2. a form I-485 aplication to register permanent residence or adjust status, was filed in your behalf and is pending with the USCIS.

Aha! Thanks a lot for that information! I hadn't read the forms yet, just found and downloaded them, but it seems like I don't have to apply for advance parole after all. That only leaves all the other very confusing documents to fill out...

[Kajikit 65]

Take it slowly... read through the guides and make sure that you understand what you have to put on each form, and then send them in when you've got everything together. It SEEMS very complicated but if you use the example forms to help you out it's not that hard - I'm completely form-phobic and I did my own AOS with no hassles... good luck!

[meauxna 15]

Thanks in advance for any advice.

You really should do some more searching for your answers, or consulat with an immigration attorney. Your H1-B status remains in effect if you maintain its terms, and if you are not switching jobs, you may not need Advance Parole or EAD.

If you are going to do your own case, you really need some more research.

There also was a very recent thread on this topic at this discussion group.

[Pauline72 0]

You really should do some more searching for your answers, or consulat with an immigration attorney. Your H1-B status remains in effect if you maintain its terms, and if you are not switching jobs, you may not need Advance Parole or EAD.

If you are going to do your own case, you really need some more research.

There also was a very recent thread on this topic at this discussion group.

The research I did brought me to this website. I will get an immigration attorney, but there's nothing wrong with asking beforehand, is there.

[meauxna 15]

You really should do some more searching for your answers, or consulat with an immigration attorney. Your H1-B status remains in effect if you maintain its terms, and if you are not switching jobs, you may not need Advance Parole or EAD.

If you are going to do your own case, you really need some more research.

There also was a very recent thread on this topic at this discussion group.

The research I did brought me to this website. I will get an immigration attorney, but there's nothing wrong with asking beforehand, is there.

Nothing at all with asking ahead!

I just noticed that not all the answers here are correct, and want to make sure you know what's what before you file anything.

Best wishes for your case.

[Pauline72 0]

Nothing at all with asking ahead!

I just noticed that not all the answers here are correct, and want to make sure you know what's what before you file anything.

Best wishes for your case.

Thanks! I wouldn't just rely on answers from this board, I just wanted to scout out the situation a bit and get some basic overview before I spend a ton of money on an attorney--kind of like bringing some knowledge into the case.

[meauxna 15]

Thanks! I wouldn't just rely on answers from this board, I just wanted to scout out the situation a bit and get some basic overview before I spend a ton of money on an attorney--kind of like bringing some knowledge into the case.

I think that's really smart & I'm glad you mention it. No use spending money on a lawyer visit when you can't understand their language.. you should def. have an idea before you go.

You'll also find a lot of H1-B-->marriagebased AOS on the marriage immigration board at britishexpats.com (it's actually the usenet group alt.visa.us.marriage-based). It's an older group with a deeper base of H1-B experiences than here.

Edited April 14, 2006 by meauxna

[Pauline72 0]

You'll also find a lot of H1-B-->marriagebased AOS on the marriage immigration board at britishexpats.com (it's actually the usenet group alt.visa.us.marriage-based). It's an older group with a deeper base of H1-B experiences than here.

Ahhh, thanks for that info! I'll poke around there as well.