GC via employment vs marriage based AOS
 

Hello --

I need your opinion on getting the GC:
(this might be a long question, so I'd appreciate the time you'd spend
reading this)


I've recently signed up with a US company that will sponsor me for an
H1B (valid starting Oct 2006), and eventually a GC.

I also have a boyfriend/fiance who is a USC, whom I plan to marry when
we've saved up enough to get married etcetera. He prefers I go there on
a K1 now (as in, right now) and then just adjust status when I get
there. However, I feel that we don't have a strong enough case to prove
that it is not fraud (although it really isn't, we love each other very
much) because:

* we don't have phone bills to show because he uses phone cards to call
me
* written communication is mostly email and messenger log files (which
people can easily fake anyway)
* although we have receipts of gifts we've sent each other, the only
relationship we can prove from that is that of gift-er and gift-ee, not
necessarily boyfriend-girlfriend (plus cousins, friends, who are also
in the US send stuff to me across the ocean anyway)
* we will have proof of meeting each other in person, but only once
(and it's too recent/close to the time we'll be filing the petition)

... so I told him I would prefer entering on an H1B, since I would be
getting one anyway.

Now as far as the H1B is concerned, I know that if the company sponsors
my GC, I would have to work for them for a substantial amount of time
(e.g. 1-2 years), which is ok with me; however, since it's an IT
profession, it will be assigning me to different states, meaning I'd be
far from mr. boyfriend dude.

(And this totally frustrates him, as he wants me to live near his
place, while we're still saving up for the wedding)

My questions are

(1) would it be better to get the GC through employment, or just get
the AOS when we get married after I get to the US via H1B?

(2) There shouldnt be a problem if we get married while I'm on H1B
right?

(3) Which gets processed faster (and cheaper, since we're saving up):
AOS-employment or AOS-marriage-based? Not sure how his being in the
military could help speed up processing for marriage based AOS...

(4) If I decide to get the GC filed through employment (company A), can
I work a second job with company B? Would I need to have another H1B
filed with company B, or not, because I'll be "pending adjustment of
status"?

(5) When we get married and if we file the AOS based on marriage, I can
move to where mr. boyfriend dude is and find work even if it isn;t an
H1B job because i'll be "pending adjustment of status", right?

I'd really appreciate any advice you could give me... I am so totally
missing my fiance and can hardly wait to spend the rest of my life with
him.


Thanks!! :)

- Asianeyes

Re: GC via employment vs marriage based AOS
 

Hi:

The choice is yours. However, you have the idea of marriage fraud backwards. Just because you have to prove the relationship is "bona fide" does NOT mean that failure to prove it means there is "fraud."

If you are truly intending to get married, your description is of a pretty good case IMHO. Of course, each case is different and I don't know all of your other facts -- and although I'm a lawyer, I'm not YOUR lawyer and I'm not asking for those facts.

Re: GC via employment vs marriage based AOS
 

Things may have changed lately but here's some tips from my experience.

Getting a green card through employment can be more difficult and usually takes longer then getting one through marriage.

Look and see if you have any obligations to the company for just the H-1. Some companies require you to work with them for 1 year after they sponsor an H-1 and or help pay for you to move to the US. Also if they sponsor your green card they may have obligations like you must work for them for 1 year after receiving the Green Card.

If you get the H-1 job in the same state as your boyfriend/Fiancee you can get married anytime after you move to the US on the H-1. H-1s allow duel intent so shouldn't be any problems even if you got married like a month after arriving in the US on your H-1. Technically you wouldn't even have to be in the same state but it would be easier to combine your finances and prove a bona fida marriage if you were.

If you enter the US on an H-1 you have to have an H-1 for each company you work for. You could technically work for two different companies but you would need an H-1 for each one. You can also end and H-1 with company A and start one with Company B without leaving the US.

Also if you are just trying to get enough money to finance a big wedding you could always get married at a courthouse ahead of time. After you arrive in the US legally through an H-1 or a K1. And then have the big wedding sometime later.

Personally I was already in the US on a H-1 when I met my husband. While we were dating I switched jobs and got a new H-1. When I did this I had to start over with a new green card petition through employment. Which I started but 2 years later the company sold our division. They offered to help transfer my H-1 status to whatever company bought us but by this time I only had around 1 year left out of the 6 you are allowed to use on an H-1. All H-1s are first issued for 3 years and can then be extended for another 3. So since by that time we were already engaged an saving up for the big wedding we got married at a courthouse, and started the Green Card process through marriage. When the company was bought I already had my EAD so I just worked for them under that. About 8 months later I had my temporary green card we had still not had a big wedding. But the fact that we had been living together for about 2 years meant we had several bills together, so that was proof enough. They never asked about wedding photos or anything. The next summer we finally had the big wedding party. And finally last year I filed my I-751 and received my 10 year green card.

Also once you receive your EAD you can work for as many companies as you want.

Before deciding read every detail, ask whoever is sponsoring the H-1 how long H-1 processing is right now. Find out how all the K1 stuff works too, so you know all your options. You and your fiancee have your whole lives ahead of you don't rush the immigration stuff just because its hard living apart.

Good Luck with whatever you decide.

Re: GC via employment vs marriage based AOS
 

that makes sense.. thanks so much!! :)
(happy new year!)