Vee

Hi all,

My change of status from B2 to F1 application was denied 3 days ago. I am
doing my doctorate here in Masachusetts and staying with my boyfriend who is
on an H1B visa. We have a three and a half year old relationship and as
planned we are going to get married this month.

My boyfriend's I-485 is due now. Is it possible for us to get married in the
US and include my name in his I-485 application? Am I out of status and can
we get married in the US in such a situation? What are the chances of
getting an approval and how long does it take?

Your advise in this regard will be greatly appreciated!

Thanks.

Mrtravel

How long have you been out of status?
This could be a big problem.
Out of status isn't usually a big issue if marrying a USC, but you are
not.

You might be able to get an H4 after marriage.
I have no clue about whether you can adjust status to PR based his H1
status, since you are out of status now.

I think you should consult an attorney.

I am a bit confused. If you are on a B-2, how can you be doing a
doctorate here?

Vee wrote:
    >
    > Hi all,
    >
    > My change of status from B2 to F1 application was denied 3 days ago. I am
    > doing my doctorate here in Masachusetts and staying with my boyfriend who is
    > on an H1B visa. We have a three and a half year old relationship and as
    > planned we are going to get married this month.
    >
    > My boyfriend's I-485 is due now. Is it possible for us to get married in the
    > US and include my name in his I-485 application? Am I out of status and can
    > we get married in the US in such a situation? What are the chances of
    > getting an approval and how long does it take?
    >
    > Your advise in this regard will be greatly appreciated!
    >
    > Thanks.

Folinskyinla

Hi:

Cold today, eh. [One of my offspring graduated last June from a school in Cambridge MA].

I suggest you consult with an attorney ASAP. From what you state it looks like you CAN get a green card on the marriage to your boyfriend. But without seeing the paperwork, I'm not going to even begin advising you.

You would not be "included" in his I-485, but you may be able to file your own concurrent "accompnay/following to join" 485 in your own right. There is a special dispensation for "employment based" immigrants if you have been out of status for less than 180 days and you have not engaged in unauthorized employment! Also, if your boyfriend's I-140 or labor certificate was filed before 4-1-2001 you would qualify for 245(i) if you were in the US on 12-21-2000. You would also qualify for 245(i) if his L/C or I-140 was filed before 1-14-1998 [e.g. no 12/21/2000 presence needed].

Like I say -- you may be just fine -- but you need PROFESSIONAL advice.

BTW, the COS from B-2 to F-1 is one of the most difficiult ones to get granted.

Good luck.

Vee

Thank you very much Folinskyinla for your valuable advise. I came here to
the US before the new immigration rules were announced. After I was offered
this PhD position, my lawyer as well as information posted on the INS
website suggested that we apply for my change of status here instead of
going back to my home country and applying for F1 there - obviously COS
appreared to be most convenient, legal in every way and allowed me to be
with my boyfriend.

As I mentioned in my previous post, we have a long relationship, I was doing
my PhD and was funded by the University, the lawyer also very carefully
assembled my COS application and related papers - everything seemed to be
going fine! We had plans to get married by the end of this year and it was
also very clearly mentioned in my COS application.

It was just stunning to have received the denial notice from the INS in the
middle of my first semester. It just turned our lives around! We are good
people and can NEVER even think of doing anything ILLEGAL to remain in this
country - our main concern and desire ofcourse is to be together wherever we
are. That is why we hired a lawyer right at the outset!

Now my boyfriend has a good job here and his company's law firm is going to
file his I140 and I485. My lawyer now suggests that my name be included in
his I-485 application - well that's what he said, I don't know what it means
and how it works. We are not lawyers so we are doing as we are suggested by
him and experienced people like you.

My concern however is:

* Since I have already been denied the COS, will it have any bad influence
on my Adjustment of Status application (to be filed with my boyfriend's
application)?

* Is it infact possible (and permissible) that we get married here and file
our I-485 together, considering the fact that I have been out of status for
almost 10 days?

* What are the odds of getting an approval and how long does it take?

We are totally lost and very stressed - all we want is to be together. If
the above mentioned arrangement is not going to work, we are ready to go
back to our home country and start our lives from scartch instead of wasting
our time here.

I would greatly appreciate your kind reply in this regard.

Thanks a lot.

Vee

"Folinskyinla" wrote in message
news:[email protected]...
    > Originally posted by Vee
    > > Hi all,
    > >
    > > My change of status from B2 to F1 application was denied 3 days
    > > ago. I am
    > > doing my doctorate here in Masachusetts and staying with my
    > > boyfriend who is
    > > on an H1B visa. We have a three and a half year old
    > > relationship and as
    > > planned we are going to get married this month.
    > >
    > > My boyfriend's I-485 is due now. Is it possible for us to get
    > > married in the
    > > US and include my name in his I-485 application? Am I out of
    > > status and can
    > > we get married in the US in such a situation? What are the chances of
    > > getting an approval and how long does it take?
    > >
    > > Your advise in this regard will be greatly appreciated!
    > >
    > > Thanks.
    > Hi:
    > Cold today, eh. [One of my offspring graduated last June from a school
    > in Cambridge MA].
    > I suggest you consult with an attorney ASAP. From what you state it
    > looks like you CAN get a green card on the marriage to your
    > boyfriend. But without seeing the paperwork, I'm not going to even
    > begin advising you.
    > You would not be "included" in his I-485, but you may be able to file
    > your own concurrent "accompnay/following to join" 485 in your own
    > right. There is a special dispensation for "employment based"
    > immigrants if you have been out of status for less than 180 days and
    > you have not engaged in unauthorized employment! Also, if your
    > boyfriend's I-140 or labor certificate was filed before 4-1-2001 you
    > would qualify for 245(i) if you were in the US on 12-21-2000. You
    > would also qualify for 245(i) if his L/C or I-140 was filed before
    > 1-14-1998 [e.g. no 12/21/2000 presence needed].
    > Like I say -- you may be just fine -- but you need PROFESSIONAL advice.
    > BTW, the COS from B-2 to F-1 is one of the most difficiult ones to
    > get granted.
    > Good luck.
    > --
    > Certified Specialist
    > Immigration & Nat. Law
    > Cal. Bar Board of Legal Specialization
    > Posted via http://britishexpats.com

Folinskyinla

Hi:

It seems that you've got two lawyers -- talk to them. BTW, there was nothing "illegal" in applying for the COS. It was denied, thats all.

Talk to the lawyers you've got already.