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Confused ... help

Confused ... help

Old Aug 27th 2002, 9:21 pm
  #1  
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Default Confused ... help

I must have been the most naive person in the world. I always thought if I marry my girlfriend (who hasn't been to US) after I get my greencard, she would be able to work in US and get her greencard quickly. Now, of course I know that's not the case after reading some of the posts on this site.

Anyway, I hope it is not too late. I have already filed my I-485 and currently working under I-765. If I married her before I get my greencard, will that help her to get her work authorization and greencard much faster?

Does it matter where we get married, US or elsewhere?

I am really confused as to what to do now. Any advise will be appreciated.

HELP!
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Old Aug 27th 2002, 10:40 pm
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Default Re: Confused ... help

How are you getting a green card? Obviously not through marriage right. I think your answer would depend on this info.
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Old Aug 27th 2002, 11:25 pm
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Default Re: Confused ... help

Originally posted by Morris:
I must have been the most naive person in the world. I always thought if I marry my girlfriend (who hasn't been to US) after I get my greencard, she would be able to work in US and get her greencard quickly. Now, of course I know that's not the case after reading some of the posts on this site.

Anyway, I hope it is not too late. I have already filed my I-485 and currently working under I-765. If I married her before I get my greencard, will that help her to get her work authorization and greencard much faster?

Does it matter where we get married, US or elsewhere?

I am really confused as to what to do now. Any advise will be appreciated.

HELP!
Buddy: You are indeed naive. Only US citizens can bring their spouses to the US without waiting in a long line (back log). Just becuase you're a greencard holder doesn't automatically allow you to bring your girlfriend here. You could do several things:

1) Marry your girlfriend before you file for your greencard, that way she gets her greencard at your dependent when you get your greencard.
2) If you're on a temporary visa, which you appear to be on, you can bring you wife here as your dependent at any time.--P.S you have to be married to her--you can't bring your girlfriend.
3) Meet an attorney and figure out your situation. Will cost you anywhere from $100-250, but you'll know where you stand and what your options are.

Hope this helps.

MD
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Old Aug 28th 2002, 1:20 am
  #4  
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Default Re: Confused ... help

It would be better for you to be married to her when you are going through the
process of getting a green card. If you wait until after you get the green card, then
you will have a 6 year wait for her to be able to immigrate.

Morris wrote:
    > I must have been the most naive person in the world. I always thought if I marry
    > my girlfriend (who hasn't been to US) after I get my greencard, she would be able
    > to work in US and get her greencard quickly. Now, of course I know that's not the
    > case after reading some of the posts on this site.
    > Anyway, I hope it is not too late. I have already filed my I-485 and currently
    > working under I-765. If I married her before I get my greencard, will that help
    > her to get her work authorization and greencard much faster?
    > Does it matter where we get married, US or elsewhere?
    > I am really confused as to what to do now. Any advise will be appreciated.
    > HELP!
    > --
    > Posted via http://britishexpats.com
 
Old Aug 28th 2002, 11:27 am
  #5  
Andy Platt
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Default Re: Confused ... help

"Morris" <[email protected]> wrote in message news:[email protected]...
    > I must have been the most naive person in the world. I always thought if I marry
    > my girlfriend (who hasn't been to US) after I get my greencard, she would be able
    > to work in US and get her greencard quickly. Now, of course I know that's not the
    > case after reading some of the posts on this site.
    > Anyway, I hope it is not too late. I have already filed my I-485 and currently
    > working under I-765. If I married her before I get my greencard, will that help
    > her to get her work authorization and greencard much faster?

Yes - by about six years!!!

    > Does it matter where we get married, US or elsewhere?

That doesn't really matter though you should read the site on adjusting status from a
tourist visa:

http://www.mindspri-
ng.com/~docsteen/visainfo/visainfo.htm


The most important thing is to get married - NOW!

Andy.

--
I'm not really here - it's just your warped imagination.
 
Old Aug 28th 2002, 4:36 pm
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Default Re: Confused ... help

Originally posted by Morris:
I must have been the most naive person in the world. I always thought if I marry my girlfriend (who hasn't been to US) after I get my greencard, she would be able to work in US and get her greencard quickly. Now, of course I know that's not the case after reading some of the posts on this site.

Anyway, I hope it is not too late. I have already filed my I-485 and currently working under I-765. If I married her before I get my greencard, will that help her to get her work authorization and greencard much faster?

Does it matter where we get married, US or elsewhere?

I am really confused as to what to do now. Any advise will be appreciated.

HELP!
Thanks so MUCH for all your replies. Glad to know that I still have time to avoid having my loved one wait for another 5-6 years.

Please correct me if I am wrong. I file my I-485 in May 2002 in California. I heard that it takes 6-9 months for one to get a greencard after filing I-485. That means, I have at least 3 months to get married, right?

In order for me to get married outside US, I will need to first obtain the Advance Parole since I am currently under I-765 and my H1-B has expired. How long does it take for the Advance Parole filing? and can I use "Getting married" as my reason for filing it? Will that cause any problem?

Another option I gather from the site given by Andy, is that I can have my girlfriend come to US as a tourist, and then we can get married after 60 days, without having to worry about the 30/60 days rule. That should work too, right?

By the way, what type of dependent visa does a spouse to a I-765 apply for?

Thanks to you guys. Now, I am already seeing a light at the end of the tunnel, and I hope it will get brighter as the days go. I am keeping my fingers crossed.
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Old Aug 28th 2002, 4:52 pm
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Default Re: Confused ... help

Originally posted by Morris:


Thanks so MUCH for all your replies. Glad to know that I still have time to avoid having my loved one wait for another 5-6 years.

Please correct me if I am wrong. I file my I-485 in May 2002 in California. I heard that it takes 6-9 months for one to get a greencard after filing I-485. That means, I have at least 3 months to get married, right?

In order for me to get married outside US, I will need to first obtain the Advance Parole since I am currently under I-765 and my H1-B has expired. How long does it take for the Advance Parole filing? and can I use "Getting married" as my reason for filing it? Will that cause any problem?

Another option I gather from the site given by Andy, is that I can have my girlfriend come to US as a tourist, and then we can get married after 60 days, without having to worry about the 30/60 days rule. That should work too, right?


Morris:

You're playing with fire. In order for your wife to get a green card along with you as your dependent, she has to be INCLUDED in the petition. I've read cases similar to yours, where the partner getting the green card was able to AMEND the petiotion to include the spouse in the petition.

You have already filed, --this is bad, really really bad. As amending you peition is going to be pain.--The INS is like a big black hole and getting any response from them is far fetched.

My advice is that you contact an attorney IMMEDIATELY and find out what can be done in this situation.

I was hoping that you hand't filed the I-485 yet. This would have made life a lot easier--get an AP, travel home, marry your girlfriend and include her in your petiotn.

Now, I really can't tell if you'd be able to do this. Bye.

MD

By the way, what type of dependent visa does a spouse to a I-765 apply for?

Thanks to you guys. Now, I am already seeing a light at the end of the tunnel, and I hope it will get brighter as the days go. I am keeping my fingers crossed.
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Old Aug 28th 2002, 7:31 pm
  #8  
Mrtravel
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Default Re: Confused ... help

Andy Platt wrote:
    > "Morris" <[email protected]> wrote in message news:[email protected]...
    > >
    > > I must have been the most naive person in the world. I always thought if I marry
    > > my girlfriend (who hasn't been to US) after I get my greencard, she would be able
    > > to work in US and get her greencard quickly. Now, of course I know that's not
    > > the case after reading some of the posts on this site.
    > >
    > > Anyway, I hope it is not too late. I have already filed my I-485 and currently
    > > working under I-765. If I married her before I get my greencard, will that help
    > > her to get her work authorization and greencard much faster?
    > Yes - by about six years!!!
    > > Does it matter where we get married, US or elsewhere?
    > That doesn't really matter though you should read the site on adjusting status from
    > a tourist visa:

You can't adjust status by marrying a green card holder.
 
Old Aug 28th 2002, 7:39 pm
  #9  
Andy Platt
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Default Re: Confused ... help

"mrtravel" <[email protected]> wrote ...

    > > That doesn't really matter though you should read the site on adjusting status
    > > from a tourist visa:
    > You can't adjust status by marrying a green card holder.

Yes, but you can adjust status if you marry someone who is pending AOS which is what
this is all about.

Andy.

--
I'm not really here - it's just your warped imagination.
 
Old Aug 29th 2002, 7:03 pm
  #10  
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Default Re: Confused ... help

Originally posted by Andy Platt:
"mrtravel" <[email protected]> wrote ...

    > > That doesn't really matter though you should read the site on adjusting status
    > > from a tourist visa:
    > You can't adjust status by marrying a green card holder.

Yes, but you can adjust status if you marry someone who is pending AOS which is what
this is all about.

Andy.

--
I'm not really here - it's just your warped imagination.
You are right Andy, it's about marrying someone who is pending AOS. By the way, do you know what type of dependent visa can the spouse apply for, if married outside US and also if married in US?
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