E-1 Visa and matrimonial to US citizen?
So my fiancee currently has an H1-B visa. We originally wanted to marry in March and apply for her swing of status before her H1-B expires in July. Her company immigration lawyer insisted that they apply for her to switch to E-1 visa status first, which will not be issued until June, afterwards we can marry and apply for her permanent residency.
This is strange to me and frustrating since we need to wait another 3 months or so and consequently possibly more once we start the immigration process for her.
Does anybody know what is the reason why the immigration lawyer for her company would go this route? Is it for precautionary reason (maybe they are worried that her H1-B may expire before she gets her permanent residency) or is this complete BS? Thanks.
Answers:
Well, if you're a US citizen and you're going to marry anyway, what's the point of getting E-1 status first, save for the fact he's getting paid to process it? There is no good common sense I can think of to wait and file her immigration papers. It really doesn't thing if she's currently in status on her H1b or the E-1, as long as she entered the US on a visa to begin next to. So, if you really want to get married, marry now and file adjectives the paperwork, including the I-130, the I-485 adjustment of status form and a work authorization request. Once she has the work authorization card, or the EAD, she can work for anyone who wants to hire her. Check out uscis.gov and read through the instruction form on the I-485 in the forms piece. the reality is, you don't really need an attorney to do these forms, although if he knows what he's doing, it doesn't hurt, except in terms of fees.
Well if the company is paying for all the legally recognized fees for her visa's etc.. it could be because they are worried that she will have a status laps which will cost them much more money in endorsed fees to straighten it out after the lapse rather than making sure her status doesn't laps in the first place. The severe residency status time lines are not set in stone and there are more than one stage involved, I guess I may want to err on the side of caution as economically as you are probably cutting it a little close to the expiration of her visa. If you were applying for the second visa a three month time queue is what they suggest, but if you are talking about residency the time lines depend on how many others hold applied for Green cards at the same time. The month my green card application went in they have there highest number of applications in history so time lines suddenly get much longer.
Resolved Questions:
What can construct you fall short for a status adjustment interview?
If you were not able to show proof that you are eligible to be issued a green card.If it is marriage base, if you failed to prove that the marriage is genuine and that you are still living together as husband and wife.When a fraud or misrepresentation is committed it can also be...
I'm a US perm. resident.Can I come spinal column to the US beside a valid green card & passport valid for simply 3 months?
As long as your green card is still valid, you are allowed re-entry. But when you do come back (at about 90 days from expiration), file your I-90 to renew your card.
This is strange to me and frustrating since we need to wait another 3 months or so and consequently possibly more once we start the immigration process for her.
Does anybody know what is the reason why the immigration lawyer for her company would go this route? Is it for precautionary reason (maybe they are worried that her H1-B may expire before she gets her permanent residency) or is this complete BS? Thanks.
Answers:
Well, if you're a US citizen and you're going to marry anyway, what's the point of getting E-1 status first, save for the fact he's getting paid to process it? There is no good common sense I can think of to wait and file her immigration papers. It really doesn't thing if she's currently in status on her H1b or the E-1, as long as she entered the US on a visa to begin next to. So, if you really want to get married, marry now and file adjectives the paperwork, including the I-130, the I-485 adjustment of status form and a work authorization request. Once she has the work authorization card, or the EAD, she can work for anyone who wants to hire her. Check out uscis.gov and read through the instruction form on the I-485 in the forms piece. the reality is, you don't really need an attorney to do these forms, although if he knows what he's doing, it doesn't hurt, except in terms of fees.
Well if the company is paying for all the legally recognized fees for her visa's etc.. it could be because they are worried that she will have a status laps which will cost them much more money in endorsed fees to straighten it out after the lapse rather than making sure her status doesn't laps in the first place. The severe residency status time lines are not set in stone and there are more than one stage involved, I guess I may want to err on the side of caution as economically as you are probably cutting it a little close to the expiration of her visa. If you were applying for the second visa a three month time queue is what they suggest, but if you are talking about residency the time lines depend on how many others hold applied for Green cards at the same time. The month my green card application went in they have there highest number of applications in history so time lines suddenly get much longer.
Resolved Questions:
What can construct you fall short for a status adjustment interview?
If you were not able to show proof that you are eligible to be issued a green card.If it is marriage base, if you failed to prove that the marriage is genuine and that you are still living together as husband and wife.When a fraud or misrepresentation is committed it can also be...
I'm a US perm. resident.Can I come spinal column to the US beside a valid green card & passport valid for simply 3 months?
As long as your green card is still valid, you are allowed re-entry. But when you do come back (at about 90 days from expiration), file your I-90 to renew your card.