Marrying H1B - COS Denied!
Dec 8th 2002, 4:26 pm
#1
Guest
Posts: n/a
Marrying H1B - COS Denied!
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.
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.
Dec 9th 2002, 10:35 am
#2
Guest
Posts: n/a
Re: Marrying H1B - COS Denied!
>Subject: Marrying H1B - COS Denied!
>From: "Vee" [email protected]
>Date: 12/9/02 12:26 AM Eastern Standard Time
>Message-id:
>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.
You can file the I-485 jointly with him. However, whether you will be GRANTED
AOS is a whole different ball of wax. What is your current status? If you are
out of status, then you will have to opt for consular processing. If you B-2 is
valid you can stay (but only until it expires--you will have to leave before it
does) or you can find a job sponsor and go on an H-1.
>From: "Vee" [email protected]
>Date: 12/9/02 12:26 AM Eastern Standard Time
>Message-id:
>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.
You can file the I-485 jointly with him. However, whether you will be GRANTED
AOS is a whole different ball of wax. What is your current status? If you are
out of status, then you will have to opt for consular processing. If you B-2 is
valid you can stay (but only until it expires--you will have to leave before it
does) or you can find a job sponsor and go on an H-1.
Dec 9th 2002, 2:37 pm
#3
Guest
Posts: n/a
Re: Marrying H1B - COS Denied!
> If you B-2 is valid you can stay (but only until it expires--you will
> have to leave before it does) or you can find a job sponsor
> and go on an H-1.
I was wondering (just to make myself calmer, coz I guess I know the
answer) what about people who are married to US Citizen, and their B-2
visa expires - like mine today.
I got married 2 weeks ago, and I've read that I won't experience any
bans/etc if I will file for Adjustment of Status within 180 days
(starting from the day my I-94 expires)
Darek
> have to leave before it does) or you can find a job sponsor
> and go on an H-1.
I was wondering (just to make myself calmer, coz I guess I know the
answer) what about people who are married to US Citizen, and their B-2
visa expires - like mine today.
I got married 2 weeks ago, and I've read that I won't experience any
bans/etc if I will file for Adjustment of Status within 180 days
(starting from the day my I-94 expires)
Darek
Dec 9th 2002, 2:59 pm
#4
Guest
Posts: n/a
Re: Marrying H1B - COS Denied!
If you marry a US citizen, it does not matter how long you have been out of
status. Even if you were out of status for several years, you are still
eligible for adjustment of status.
As for Vee, as long as you are married prior to your spouses 485 approval,
you may benefit from the immigrant petition that the company filed for your
husband. You will be ineligible for Adjustment Of Status if you are out of
status for 180 days from the date of your last entry at the time of filing
your own 485. This is 245(k). Plan your wedding date carefully. It may
take a while for the marriage certificate to be issued by the local
authorities.
"Darek" wrote in message
news:[email protected]...
> > If you B-2 is valid you can stay (but only until it expires--you will
> > have to leave before it does) or you can find a job sponsor
> > and go on an H-1.
> I was wondering (just to make myself calmer, coz I guess I know the
> answer) what about people who are married to US Citizen, and their B-2
> visa expires - like mine today.
> I got married 2 weeks ago, and I've read that I won't experience any
> bans/etc if I will file for Adjustment of Status within 180 days
> (starting from the day my I-94 expires)
> Darek
status. Even if you were out of status for several years, you are still
eligible for adjustment of status.
As for Vee, as long as you are married prior to your spouses 485 approval,
you may benefit from the immigrant petition that the company filed for your
husband. You will be ineligible for Adjustment Of Status if you are out of
status for 180 days from the date of your last entry at the time of filing
your own 485. This is 245(k). Plan your wedding date carefully. It may
take a while for the marriage certificate to be issued by the local
authorities.
"Darek" wrote in message
news:[email protected]...
> > If you B-2 is valid you can stay (but only until it expires--you will
> > have to leave before it does) or you can find a job sponsor
> > and go on an H-1.
> I was wondering (just to make myself calmer, coz I guess I know the
> answer) what about people who are married to US Citizen, and their B-2
> visa expires - like mine today.
> I got married 2 weeks ago, and I've read that I won't experience any
> bans/etc if I will file for Adjustment of Status within 180 days
> (starting from the day my I-94 expires)
> Darek
Dec 10th 2002, 4:28 am
#5
Guest
Posts: n/a
Re: Marrying H1B - COS Denied!
lilakay wrote:
>
> If you marry a US citizen, it does not matter how long you have been out of
> status. Even if you were out of status for several years, you are still
> eligible for adjustment of status.
I believe there are circumstances in which this is not true and the
spouse of a US citizen could be ineligible for AOS.
>
> If you marry a US citizen, it does not matter how long you have been out of
> status. Even if you were out of status for several years, you are still
> eligible for adjustment of status.
I believe there are circumstances in which this is not true and the
spouse of a US citizen could be ineligible for AOS.
Dec 10th 2002, 1:59 pm
#6
Guest
Posts: n/a
Re: Marrying H1B - COS Denied!
"L D Jones" wrote in message
news:[email protected]...
> lilakay wrote:
> >
> > If you marry a US citizen, it does not matter how long you have been out
of
> > status. Even if you were out of status for several years, you are still
> > eligible for adjustment of status.
> I believe there are circumstances in which this is not true and the
> spouse of a US citizen could be ineligible for AOS.
The exception is when the spouse of a USC enters EWI (entry without
inspection). The spouse would have had to enter by avoiding a border patrol
crossing or by being smuggled some way. That would make the alien spouse
ineligible for adjustment of status. In these cases, the alien spouse has
to go through consular processing, triggering bars to reentry for up to 10
years. There a waivers to the bars for spouses of USCs and LPRs based on
hardship determinations.
Before packing your bags to go through consular processing, the alien should
check with an attorney. If there was a immigrant petition filed on behalf
of the person by anyone, ever, prior to April 15, 2001, the alien spouse can
use that old petition for the priority dates to qualify for 245(i) for the
purposes of adjusting status based on the spousal petition. 245(i) cures an
entry without inspection. Confusing, but worth the while to keep citizens
with the ones they love.
news:[email protected]...
> lilakay wrote:
> >
> > If you marry a US citizen, it does not matter how long you have been out
of
> > status. Even if you were out of status for several years, you are still
> > eligible for adjustment of status.
> I believe there are circumstances in which this is not true and the
> spouse of a US citizen could be ineligible for AOS.
The exception is when the spouse of a USC enters EWI (entry without
inspection). The spouse would have had to enter by avoiding a border patrol
crossing or by being smuggled some way. That would make the alien spouse
ineligible for adjustment of status. In these cases, the alien spouse has
to go through consular processing, triggering bars to reentry for up to 10
years. There a waivers to the bars for spouses of USCs and LPRs based on
hardship determinations.
Before packing your bags to go through consular processing, the alien should
check with an attorney. If there was a immigrant petition filed on behalf
of the person by anyone, ever, prior to April 15, 2001, the alien spouse can
use that old petition for the priority dates to qualify for 245(i) for the
purposes of adjusting status based on the spousal petition. 245(i) cures an
entry without inspection. Confusing, but worth the while to keep citizens
with the ones they love.
