From H-2B pending to AOS pending

[Boyinflorida 2]

Hey Guys,

I came to this country 2005 on H-2b visa and I have been extending my legal stay till Aug, 2007 when expired. I met my wife in Dec, last year. In order to stay (extend) for more time legally in May, 07 I started new H-2b case with one of those agencies you should not always trust. They opened the case but I do not think the did everything properly. This was the last time for me to extend it just because me and my wife were planing to get married at time when I could have my parents here and after I wouldn't need to do that visa again.

Usually when you start h-2b case gets approved in a month if it's a premium processing or a little bit more if not. I do not know what happened with that petition but those who did it were not professionals definitely. The case's been pending since May. Once USCIS asked for RFE and it was submitted 3 months after (usually paychecks) I was asked for anything personally. My attorney said that if submitted 3 months after requested the case is not gonna be approved. After all this issues with my H-2b case my wife and I decided to get married earlier than planed so I can file my AOS earlier while still legal because of the pendancy of my current case.

We got married 2 months ago and already filed AOS(pending), my h-2b still pending. Do you think that it may lead to delays in my current AOS case?

And the point that I got married while h-2b pending may probably make USCIS think that our relation is not real. My attorney says that we have so much stuff together and we are fine but.. has anyone been in that situation before???

[Radu & Mari 0]

Hey Guys,

I came to this country 2005 on H-2b visa and I have been extending my legal stay till Aug, 2007 when expired. I met my wife in Dec, last year. In order to stay (extend) for more time legally in May, 07 I started new H-2b case with one of those agencies you should not always trust. They opened the case but I do not think the did everything properly. This was the last time for me to extend it just because me and my wife were planing to get married at time when I could have my parents here and after I wouldn't need to do that visa again.

Usually when you start h-2b case gets approved in a month if it's a premium processing or a little bit more if not. I do not know what happened with that petition but those who did it were not professionals definitely. The case's been pending since May. Once USCIS asked for RFE and it was submitted 3 months after (usually paychecks) I was asked for anything personally. My attorney said that if submitted 3 months after requested the case is not gonna be approved. After all this issues with my H-2b case my wife and I decided to get married earlier than planed so I can file my AOS earlier while still legal because of the pendancy of my current case.

We got married 2 months ago and already filed AOS(pending), my h-2b still pending. Do you think that it may lead to delays in my current AOS case?

And the point that I got married while h-2b pending may probably make USCIS think that our relation is not real. My attorney says that we have so much stuff together and we are fine but.. has anyone been in that situation before

???

Dear Boyinflorida,

My husband and I were in a similar situation. He was waiting for his H2B and we found out that USCIS had reached their cap on the H2B and it wasn't going to happen. I went to Romania and got married and tried to bring my husband home. They did not believe it was a bonafide marriage. I had to come home to the USA and file my petition. The rest is history. The point I'm trying to get across is that when I called USCIS, they told me he could not file for an H2B and a I130. If he had the H2B in process he would not be able to come in since he was already married. We had to cancelled his H2B petition and just filed the I130. We had to wait 7 months for the whole process but everything worked out just fine. I hope this information helps. You cannot have a H2B in process if you are already married. It may jeopardize your AOS. Good Luck to you.

Mari and Radu

[eau_xplain 2]

As long as you have sufficient proof of a bona fide marriage, then you should not have a problem with your AOS.

[Boyinflorida 2]

Dear Mari & Radu,

When I filed my H-2b I wasn't married that's why I didn't file I-130 together with the H-2b at the same time. We wanted to hold our marriage so I could invite my parents to this country and they could be at the wedding. Yes, I know that would be hard for both of them to come but I wanted to try. My h-2b was expiring and in order to legally stay I had to extend it. That did not work out cause h-2b even now still pending. Me and my wife got married so I could be in status 5 months after filing the h-2b(which even now still pending) I filed AOS with my wife. We have so many things together and my attorney said that everything is gonna work out. But anyway I am afraid of delays especially for my EAD card. And at the interview here in US they can give us hard time about that. That's why I wanted to hear other interview experiences.

[Radu & Mari 0]

Dear Mari & Radu,

When I filed my H-2b I wasn't married that's why I didn't file I-130 together with the H-2b at the same time. We wanted to hold our marriage so I could invite my parents to this country and they could be at the wedding. Yes, I know that would be hard for both of them to come but I wanted to try. My h-2b was expiring and in order to legally stay I had to extend it. That did not work out cause h-2b even now still pending. Me and my wife got married so I could be in status 5 months after filing the h-2b(which even now still pending) I filed AOS with my wife. We have so many things together and my attorney said that everything is gonna work out. But anyway I am afraid of delays especially for my EAD card. And at the interview here in US they can give us hard time about that. That's why I wanted to hear other interview experiences.

Dear Boyinflorida,

We were planning to get married once Radu came back to USA on a H2B. The cap was maxed out for the fiscal year and we knew that was no longer an option. We decided to get married afterward, but what I want you to understand is that the USCIS made it very clear to us that he could no longer qualify for an H2B visa since he was now married to a US Citizens. This is what I'm trying to let you know. If your spouse is an US Citizen you cannot continue with that visa. If you do, (according to the rep I spoke with at the time) then this visa will over see your other one. At this time, your AOS is far more important. I even spoke with an immigrant attorney who helped us get our employees back on the H2B and they told me the same thing.

Mari