Asianeyes

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 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) ... 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

nettlebed

This depends entirely on your particular circumstances. You can take legal advice and act on that. YOU are the only people/person who can make that determination.
I entered on an H-1B, got married and adjusted without problems. You may have very specific circumstances which make this difficult for you, but if your case has no complicating factors such as criminal record or other reasons for ineligibility for an immigrant visa I would not expect there to be problems.
There are significant advantages to a marriage-based AOS, not least the fact that once you get your EAD (90 days or less) you are not tied to your H-1B sponsor. Dunno for sure, but I imagine you would need a separate H-1B for every company you work for.
Once you get your EAD you can work pretty much anywhere you want, though of course he will be mr. husband dude, not mr. boyfriend dude at that point.
Right, we all know how hot your loins are...

Asianeyes

nope, no criminal records or grounds for ineligibility (as far as I
know) ...
thanks for the reply, happy new year.
hope you have a good one

Kevin Keane

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asianeyes wrote:

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

He is probably under the mistaken impression that a K-1 would be faster. In
reality, it is probably a wash. An H-1B would start October 1. A K-1 would
take six to twelve months to process.

That said, there is nothing wrong with pursuing both at the same time. He
can file the K-1 right now, and your employer can file the H-1B, and you
use whichever arrives first.

I don't think that fraud will be a major issues; most couples in your
situation seem to overcome that easily. USCIS is very good at separating
the fraud cases from the bona fide ones. One requirement is for you to have
met in person in the last two years.

You will need to get married quickly, especially if you go the K-1 route.
Don't worry about saving up for the wedding, just get a quick and cheap one
to get the legalities squared away. You can always have the big wedding
later.

    > 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.

The location is probably a major reason for going with the K-1.

As far as the Green Card goes, an employment-based GC actually will take
much longer than one or two years. I would expect at least five years;
depending on where you were born and which category you fall into, it may
be even longer.

    > (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?

If you end up choosing the K-1, you must use marriage-based AOS. If you use
the H-1B, you have a choice. Marriage-based is going to be faster. The
drawback is that if things don't work out and you get divorced, you may end
up with nothing until you had your GC for at least two years. H-1B is a bit
more secure.

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

Correct, I don't see any (as long as it's a heterosexual monogamous
marriage, of course).

    > (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...

Marriage based is almost certainly faster. Being in the military won't
usually make a difference, although it could in theory.

    > (4) If I decide to get the GC filed through employment (company A), can
    > I work a second job with company B?

Once you have filed your adjustment of status (whether marriage-based or
employment-based), you can get as many jobs as you like with anybody.
Employment-based will be a few years until you get to that point, though.

Until then, you need a separate H-1B for each job you hold.

    > Would I need to have another H1B filed with company B, or not, because
    > I'll be "pending adjustment of status"?

Once you are pending adjustment status, no. But that will take a long time.

    > (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?

Correct.

    > 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.

Good luck!

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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