Confused about certain things for Adjustment of Status?
I am currently in US on F1 OPT status. Due to rejection of H1B, I would have to leave the country in Feb-2014. However, as me and my fiance knew that there is a real difficulty in getting back on Immigrant visa (thats what I have read) we decided to get married in Dec (I am getting married in a couple of DAYS !!!!). We are going to process all our papers on record time and get them sent.
Male Nationality (mine) - Indian
Female Nationality (Fiance) - American Citizen - born here.
I am currently working with a very huge Oil and Gas company and am going to sent off to Singapore in Feb. When I spoke to the HR and my managers and explained the whole situation to them, they understood and they said that they are going to give me a leave of absence for around 2 months by which time I should have my EAD again (that is in Mar-April). Then they will reinstate me back to my position (which is a pretty well paid job i should say).
My Questions :
1. If I am out of the employment how much will it affect the process ?
2. Will it be necessary for me to go out of the country any chance (my legal visa on my passport says that I can be here till Dec. 2015)
3. Is it possible to get my EAD till Mar-April if I apply in December itself ?
4. Known my fiance for around 3 years now. how difficult will the interview be for this scene ? Will they doubt the intent ?
5. Do you think it is a good idea for me to stay and do the process or go to Singapore and come back ?
Please Please help me ! I really need your help here !
- George LLv 76 years agoFavorite Answer
well, you can certainly marry, but it's hard to predict you can get this all wrapped up by Mar-April. I take it the job in Singapore is temporary and you'll return in a bit. if you've been rejected on your H1b and you're not currently employed, your H1b isn't valid anymore anyway. being unemployed doesn't affect your ability to adjust status. if your wife is unemployed, that might be a problem. if you've known your wife for 3 years, and can show that, you should be fine. Once you've filed the I-485 though, you can't leave the US until the process is completed, unless you get Advance Parole first. if you leave without it, you won't be able to return until you do have an immigrant visa and that could take quite a while. if you have a green card before you leave, then you're fine to return after a short stay. The EAD is not a travel document and won't get you back in the US
- NexLv 76 years ago
1. Not much, however in that case your income will not be able to be used for meeting the 125% poverty line requirement, since you will not have any. Your spouse (and if any cosponsor) will need to meet the 125% of US poverty line requirement.
2. You should first request advance parole as part of your adjustment of status application by attaching form I-131 and use that to travel abroad if you must, traveling without AP will deem your application abandoned, even if you have a valid visa.
Note that if you were out of status for 180 days or more it is recommended to not travel at all during the adjustment process since you might not be let back into US, unlikely especially after few cases that happened in past years, but still possible.
3. Most likely yes, EAD as a part of adjustment of status takes less than 90 days. In some cases people have obtained them in as little as 3-5 weeks.
4. Probably not too difficult but you'll nonetheless need to prove that the marriage is legitimate. You should bring proofs that you'd known each-other for a while (like pictures of social outings and dates, hotel bills, plane tickets, everything that proves it's not a sham).
5. Adjust status in US.