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Anonymous asked in Politics & GovernmentImmigration · 6 years ago

Confused about certain things for Adjustment of Status?

Hello !

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 !



3 Answers

  • 6 years ago
    Favorite 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.

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  • 6 years ago

    First, when you get married after your H1-B was rejected, expect the USCIS to investigate your marriage with a magnifying glass. They would, naturally, assume that you only got married to avoid having to leave the United States, and that's in fact exactly what happened here.

    1. It won't.

    2. No. Once the USCIS has received your AoS petition, you enter a period of authorized stay. That's no status per se, but a period where nobody will touch you.

    3. Usually 10 to 12 weeks. That should work. Don't forget that you need to file an I-765 for the EAD and an I-131 for AP. Both forms are free of charge if filed concurrently, which you will do anyway.

    4. Don't have a crystal ball. Bring a photo album of the wedding and the reception, showing family and friends at the most important event of your life. A photo says more than 1000 words, so be prepared to show the equivalent to 25,000 words in photos.

    5. Stay. Singapore would cost you a year. Just make sure you can show a bona fide relationship.

    Source(s): An immigrant from Europe, I live in the charming old mission town of San Buenaventura and work as an attorney in Santa Barbara, California.
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  • Anonymous
    6 years ago

    Asking 3 times why? go the USCIS website.

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