Indian

Hi-

I am currently on a H1B and am very close to the 6 yr l.imit. (Never applied
for Grn Crd)

I entered US on H1B in July 96 and applied for my most recent H1 permit in Jan 02 and
haven't received an approval from INS yet due to a couple of queries which the lawyer
handling the case responded to. I was never out of status, donot intend to overstay
and am actually planning to leave towards the end of the month.

Now I plan to get married to an American Citizen. I understand the K1, K3 visas.
Which one is preferred? What is the usual timeframe for these visas. I am
anticipating not more than 3 or 4 months. Are these visas ever rejected? Also, I
've spent the last six years in the US travelling and moving quite often so with
the Police check and all that, if I am in India, can they still give out a cert
in my name.

Ingo and all - I really appreciate your taking the time to read this and more of so
in taking time to respond.

Thanks

tej

Ingo Pakleppa

On Tue, 16 Jul 2002 14:50:38 -0700, Indian wrote:

    > Hi-
    >
    > I am currently on a H1B and am very close to the 6 yr l.imit. (Never applied for
    > Grn Crd)
    >
    > I entered US on H1B in July 96 and applied for my most recent H1 permit in Jan 02
    > and haven't received an approval from INS yet due to a couple of queries which the
    > lawyer handling the case responded to. I was never out of status, donot intend to
    > overstay and am actually planning to leave towards the end of the month.
    >
    > Now I plan to get married to an American Citizen. I understand the K1, K3 visas.
    > Which one is preferred? What is the usual timeframe for these visas. I am
    > anticipating not more than 3 or 4 months. Are these visas ever rejected? Also, I
    > 've spent the last six years in the US travelling and moving quite often so with
    > the Police check and all that, if I am in India, can they still give out a cert in
    > my name.

Your best bet is not to get a K-1 or K-3 at all. Just be sure to get married and file
your adjustment of status application before your H-1B expires, and you are all set.
Do be aware that you cannot travel while the adjustment of status is pending
(possibly for several years) unless you get Advance Parole first - which in some INS
offices seems to be difficult to get.

You can only get a K-1 at a US consulate outside the US, and since you already are
legally in the US, you just don't need it. Besides, with a K-1, you would still have
to file an adjustment of status and wait for it to be approved (except in a very few
cities, where you can get your Green Card the same day. Count yourself lucky if you
live around Dallas).

Ingo

L D Jones

Indian wrote:
    >
    > Hi-
    >
    > I am currently on a H1B and am very close to the 6 yr l.imit. (Never applied for
    > Grn Crd)
    >
    > I entered US on H1B in July 96 and applied for my most recent H1 permit in Jan 02
    > and haven't received an approval from INS yet due to a couple of queries which the
    > lawyer handling the case responded to. I was never out of status, donot intend to
    > overstay and am actually planning to leave towards the end of the month.
    >
    > Now I plan to get married to an American Citizen. I understand the K1, K3 visas.

K-1 applies only to a fiancee. Once you are married it is no longer an option. K-3
which also uses the I-129 form should not be necessary in your case as Ingo
mentioned.

Indian

Ingo Pakleppa <[email protected]> wrote in message
news:<[email protected]>...
    > On Tue, 16 Jul 2002 14:50:38 -0700, Indian wrote:
    >
    > > Hi-
    > >
    > > I am currently on a H1B and am very close to the 6 yr l.imit. (Never applied for
    > > Grn Crd)
    > >
    > > I entered US on H1B in July 96 and applied for my most recent H1 permit in Jan 02
    > > and haven't received an approval from INS yet due to a couple of queries which
    > > the lawyer handling the case responded to. I was never out of status, donot
    > > intend to overstay and am actually planning to leave towards the end of the
    > > month.
    > >
    > > Now I plan to get married to an American Citizen. I understand the K1, K3 visas.
    > > Which one is preferred? What is the usual timeframe for these visas. I am
    > > anticipating not more than 3 or 4 months. Are these visas ever rejected? Also, I
    > > 've spent the last six years in the US travelling and moving quite often so with
    > > the Police check and all that, if I am in India, can they still give out a cert
    > > in my name.
    >
    > Your best bet is not to get a K-1 or K-3 at all. Just be sure to get married and
    > file your adjustment of status application before your H-1B
I am confused. If I do not have to get a K1 or K3, what status can I be adjusted to?

    > expires, and you are all set. Do be aware that you cannot travel while the
    > adjustment of status is pending (possibly for several years) unless you get Advance
    > Parole first - which in some INS offices seems to be difficult to get.
    >
    > You can only get a K-1 at a US consulate outside the US, and since you already are
    > legally in the US, you just don't need it. Besides, with a K-1, you would still
    > have to file an adjustment of status and wait for it
Sorry, but this is slightly unclear too. Why would I need to adjust my status if
I have K1?

Thanks for the quick response

    > to be approved (except in a very few cities, where you can get your Green Card the
    > same day. Count yourself lucky if you live around Dallas).
    >
    > Ingo

Fred Decker

So if you marry someone you might have to stay and never visit family for several
years??? Where on the H1-B, you could travel as much as you wanted? You are
penalized while changing your status? I thought the H1-B was easier since the person
was not trying to gain permanent entry, that the real barrier is the green card.
They will let you visit, but don't want you staying. I was also wondering, if
someone got divorced who was on a J2, does their status immediately lapse? I hear of
all these people, that have been separated for years, living with other people, but
remaining married until their green cards come. Is there a way to time it so that
you can divorce someone and marry someone else on the same day or something so there
is no lapse?

Fred

"Ingo Pakleppa" <[email protected]> wrote in message
news:[email protected]...
    > On Tue, 16 Jul 2002 14:50:38 -0700, Indian wrote:
    >
    > > Hi-
    > >
    > > I am currently on a H1B and am very close to the 6 yr l.imit. (Never applied for
    > > Grn Crd)
    > >
    > > I entered US on H1B in July 96 and applied for my most recent H1 permit in Jan 02
    > > and haven't received an approval from INS yet due to a couple of queries which
    > > the lawyer handling the case responded to. I was never out of status, donot
    > > intend to overstay and am actually planning to leave towards the end of the
    > > month.
    > >
    > > Now I plan to get married to an American Citizen. I understand the K1, K3 visas.
    > > Which one is preferred? What is the usual timeframe for these visas. I am
    > > anticipating not more than 3 or 4 months. Are these visas ever rejected? Also, I
    > > 've spent the last six years in the US travelling and moving quite often so with
    > > the Police check and all that, if I am in India, can they still give out a cert
    > > in my name.
    >
    > Your best bet is not to get a K-1 or K-3 at all. Just be sure to get married and
    > file your adjustment of status application before your H-1B expires, and you are
    > all set. Do be aware that you cannot travel while the adjustment of status is
    > pending (possibly for several years) unless you get Advance Parole first - which in
    > some INS offices seems to be difficult to get.
    >
    > You can only get a K-1 at a US consulate outside the US, and since you already are
    > legally in the US, you just don't need it. Besides, with a K-1, you would still
    > have to file an adjustment of status and wait for it to be approved (except in a
    > very few cities, where you can get your Green Card the same day. Count yourself
    > lucky if you live around Dallas).
    >
    > Ingo

Sylvia Ottemoel

Indian wrote:

    > Ingo Pakleppa <[email protected]> wrote in message
    > news:<[email protected]>...

    >>On Tue, 16 Jul 2002 14:50:38 -0700, Indian wrote:

    >>>I am currently on a H1B and am very close to the 6 yr limit. (Never applied for
    >>>Grn Crd)
    >>>
    >>>I entered US on H1B in July 96 and applied for my most recent H1 permit in Jan 02
    >>>and haven't received an approval from INS yet due to a couple of queries which the
    >>>lawyer handling the case responded to. I was never out of status, donot intend to
    >>>overstay and am actually planning to leave towards the end of the month.
    >>>
    >>>Now I plan to get married to an American Citizen. I understand the K1, K3 visas.
    >>>Which one is preferred? What is the usual timeframe for these visas. I am
    >>>anticipating not more than 3 or 4 months. Are these visas ever rejected? Also, I
    >>>'ve spent the last six years in the US travelling and moving quite often so with
    >>>the Police check and all that, if I am in India, can they still give out a cert in
    >>>my name.
    >>>
    >>Your best bet is not to get a K-1 or K-3 at all. Just be sure to get married and
    >>file your adjustment of status application before your H-1B
    >>
    > I am confused. If I do not have to get a K1 or K3, what status can I be
    > adjusted to?

You will adjust status from H-1B (or pending H-1B extension, or whatever it is) to
permanent resident status. You and your spouse will file Forms I-130/I-485 at the INS
district office for your residence. Even if you were in violation of your temporary
status, you are still eligible to apply for adjustment, because your category will be
"immediate relative" -- spouse of a U.S. citizen. That category has some special
privileges.

    >>expires, and you are all set. Do be aware that you cannot travel while the
    >>adjustment of status is pending (possibly for several years) unless you get Advance
    >>Parole first - which in some INS offices seems to be difficult to get.
    >>
    >>You can only get a K-1 at a US consulate outside the US, and since you already are
    >>legally in the US, you just don't need it. Besides, with a K-1, you would still
    >>have to file an adjustment of status and wait for it
    >>
    > Sorry, but this is slightly unclear too. Why would I need to adjust my status if I
    > have K1?

K-1 is a temporary visa which allows you to enter the U.S. while intending to marry a
U.S. citizen. You would still have to apply to become a permanent resident after you
enter the U.S. and marry the person. The process of changing from temporary to
permanent status while inside the U.S. is adjustment of status. You would file Form
I-485 at the INS district office for your residence. (Your spouse does not have to
file the I-130 if you entered in K-1 status.)

    >>to be approved (except in a very few cities, where you can get your Green Card the
    >>same day. Count yourself lucky if you live around Dallas).

Sylvia Ottemoel

Fred Decker wrote:

    > So if you marry someone you might have to stay and never visit family for several
    > years???

Actually you are eligible for advance parole. It may take 2 or 3 months, depending on
the INS district. See http://members.aol.com/MDUdall/instimes.htm, third column.

Where on the H1-B, you could travel as much as you wanted?

There are times when it is not so easy to travel with H-1B status. For example, if an
H-1B extension petition has been filed, and you leave the U.S., you have to wait for
the extension petition to be approved before you can reenter, and in some places that
is taking close to 6 months after filing. That is, unless you pay an extra $1000
premium processing fee to speed up adjudication, and a lot of people do just that.

    > You are penalized while changing your status? I thought the H1-B was easier since
    > the person was not trying to gain permanent entry, that the real barrier is the
    > green card. They will let you visit, but don't want you staying. I was also
    > wondering, if someone got divorced who was on a J2, does their status immediately
    > lapse? I hear of all these people, that have been separated for years, living with
    > other people, but remaining married until their green cards come. Is there a way to
    > time it so that you can divorce someone and marry someone else on the same day or
    > something so there is no lapse?

If you marry a U.S. citizen, you can generally manage to remain in the U.S. and
become legal fairly fast, because you may violate status and still be eligible to
apply for adjustment.

There is no way to avoid a short time out of status under the above circumstances,
because one of the documents you must file is a certified marriage record from the
hall of records, and this always takes a little time to get.

    > "Ingo Pakleppa" <[email protected]> wrote in message
    > news:[email protected]...
    >
    >>On Tue, 16 Jul 2002 14:50:38 -0700, Indian wrote:

    >>>I am currently on a H1B and am very close to the 6 yr l.imit. (Never applied for
    >>>Grn Crd)
    >>>
    >>>I entered US on H1B in July 96 and applied for my most recent H1 permit in Jan 02
    >>>and haven't received an approval from INS yet due to a couple of queries which the
    >>>lawyer handling the case responded to. I was never out of status, donot intend to
    >>>overstay and am actually planning to leave towards the end of the month.
    >>>
    >>>Now I plan to get married to an American Citizen. I understand the K1, K3 visas.
    >>>Which one is preferred? What is the usual timeframe for these visas. I am
    >>>anticipating not more than 3 or 4 months. Are these visas ever rejected? Also, I
    >>>'ve spent the last six years in the US travelling and moving quite often so with
    >>>the Police check and all that, if I am in India, can they still give out a cert in
    >>>my name.
    >>>
    >>Your best bet is not to get a K-1 or K-3 at all. Just be sure to get married and
    >>file your adjustment of status application before your H-1B expires, and you are
    >>all set. Do be aware that you cannot travel while the adjustment of status is
    >>pending (possibly for several years) unless you get Advance Parole first - which in
    >>some INS offices seems to be difficult to get.
    >>
    >>You can only get a K-1 at a US consulate outside the US, and since you already are
    >>legally in the US, you just don't need it. Besides, with a K-1, you would still
    >>have to file an adjustment of status and wait for it to be approved (except in a
    >>very few cities, where you can get your Green Card the same day. Count yourself
    >>lucky if you live around Dallas).

Indian

Ingo Pakleppa <[email protected]> wrote in message
news:<[email protected]>...
    > On Tue, 16 Jul 2002 14:50:38 -0700, Indian wrote:
    >
    > > Hi-
    > >
    > > I am currently on a H1B and am very close to the 6 yr l.imit. (Never applied for
    > > Grn Crd)
    > >
    > > I entered US on H1B in July 96 and applied for my most recent H1 permit in Jan 02
    > > and haven't received an approval from INS yet due to a couple of queries which
    > > the lawyer handling the case responded to. I was never out of status, donot
    > > intend to overstay and am actually planning to leave towards the end of the
    > > month.
    > >
    > > Now I plan to get married to an American Citizen. I understand the K1, K3 visas.
    > > Which one is preferred? What is the usual timeframe for these visas. I am
    > > anticipating not more than 3 or 4 months. Are these visas ever rejected? Also, I
    > > 've spent the last six years in the US travelling and moving quite often so with
    > > the Police check and all that, if I am in India, can they still give out a cert
    > > in my name.
    >
    > Your best bet is not to get a K-1 or K-3 at all. Just be sure to get married and
    > file your adjustment of status application before your H-1B expires, and you are
    > all set. Do be aware that you cannot travel while the adjustment of status is
    > pending (possibly for several years) unless you get Advance Parole first - which in
    > some INS offices seems to be difficult to get.
    >
    > You can only get a K-1 at a US consulate outside the US, and since you already are
    > legally in the US, you just don't need it. Besides, with a K-1, you would still
    > have to file an adjustment of status and wait for it to be approved (except in a
    > very few cities, where you can get your Green Card the same day. Count yourself
    > lucky if you live around Dallas).
    >
    > Ingo

Ingo-

Thanks a lot for the quick response to my earlier post. I have one last question and
would really appreciate it if you (or anyone else) take the time to respond.

Given my situation above, if I do decide to go the K1 in India way (hobson's choice
for me) - meaning I goto India and wait for my K1 letter from the Madras consulate
and attend the interview, will there be any issues due to the fact that I just
finished my six year H1 period. I've never applied for GC (just by choice and I have
documents to prove that) so will my petition for K1 be rejected in any way? What are
the chances of a K1 being rejected? Does it ever happen? My case is very legitimate
but knowing how INS and consulates work in India (Madras), I am a little nervous.

Please advice is there are is anything I need to watch out for.

Thanks Tej.

Ingo Pakleppa

On Thu, 18 Jul 2002 23:48:58 -0700, Indian wrote:

    > Ingo Pakleppa <[email protected]> wrote in message
    > news:<[email protected]>...
    >> On Tue, 16 Jul 2002 14:50:38 -0700, Indian wrote:
    >>
    >> > Hi-
    >> >
    >> > I am currently on a H1B and am very close to the 6 yr l.imit. (Never applied for
    >> > Grn Crd)
    >> >
    >> > I entered US on H1B in July 96 and applied for my most recent H1 permit in Jan
    >> > 02 and haven't received an approval from INS yet due to a couple of queries
    >> > which the lawyer handling the case responded to. I was never out of status,
    >> > donot intend to overstay and am actually planning to leave towards the end of
    >> > the month.
    >> >
    >> > Now I plan to get married to an American Citizen. I understand the K1, K3 visas.
    >> > Which one is preferred? What is the usual timeframe for these visas. I am
    >> > anticipating not more than 3 or 4 months. Are these visas ever rejected? Also, I
    >> > 've spent the last six years in the US travelling and moving quite often so with
    >> > the Police check and all that, if I am in India, can they still give out a cert
    >> > in my name.
    >>
    >> Your best bet is not to get a K-1 or K-3 at all. Just be sure to get married and
    >> file your adjustment of status application before your H-1B expires, and you are
    >> all set. Do be aware that you cannot travel while the adjustment of status is
    >> pending (possibly for several years) unless you get Advance Parole first - which
    >> in some INS offices seems to be difficult to get.
    >>
    >> You can only get a K-1 at a US consulate outside the US, and since you already are
    >> legally in the US, you just don't need it. Besides, with a K-1, you would still
    >> have to file an adjustment of status and wait for it to be approved (except in a
    >> very few cities, where you can get your Green Card the same day. Count yourself
    >> lucky if you live around Dallas).
    >>
    >> Ingo
    >
    >
    >
    > Ingo-
    >
    > Thanks a lot for the quick response to my earlier post. I have one last question
    > and would really appreciate it if you (or anyone else) take the time to respond.
    >
    > Given my situation above, if I do decide to go the K1 in India way (hobson's choice
    > for me) - meaning I goto India and wait for my K1 letter from the Madras consulate
    > and attend the interview, will there be any issues due to the fact that I just
    > finished my six year H1 period. I've never applied for GC (just by choice and I
    > have documents to prove that) so will my petition for K1 be rejected in any way?
    > What are the chances of a K1 being rejected? Does it ever happen? My case is very
    > legitimate but knowing how INS and consulates work in India (Madras), I am a little
    > nervous.

I don't think there will be a big issue about that. If anything, having returned to
India as scheduled, rather than immediately marrying in the US, would help your case.

Besides, by the time the K-1 is approved, you will have spent close to enough time
outside the US to qualify for a new six years.

Ingo