H1B visa marry U.S. Citizen, what paperwork?
His H1B expires in November. We're going to have a civil ceremony in a few weeks. He's traveling to Europe surrounded by October for a vacation. What paperwork do we need to fill out? I'm a tenet grad, but no experience in immigration law. Hoping that once I know what paperwork is required, I can do everything without hiring a attorney. Thanks for your help!
Answers:
November? That doesn't give you much time. Unfortunately for you it is taking more than 5 months for USCIS to process most marriage-based immigration cases. You really have two option here:
1) Get married right now and directly file his Green Card (I-130). Note that his Green Card petition will likely filch a lot longer than 5 months, so you will need to also parallelly file a petition to achieve him a K-3 spouse visa to keep him in the country past November while his immigrant visa is near-term.
2) He can leave in November for a few months and come back within under a K-1 fiance visa, which will require you to get married within 90 days, afterwards he can stay while you file both an I-129F and I-130 to get him a green card.
Note that in any case, there are fairly long-drawn-out processing times right now, so each stage of the process can take several months (in abundant cases years). Don't be surprised if you and your husband end up getting separated for a period of time while some of the paperwork is bubbling through the system. Also note that since you are sponsoring your husband, you will inevitability to sign affidavits saying that you agree to be financially responsible for him for so many years (its like have a baby, you are making a long-term commitment). So it might be a good idea to check next to his employer and see if he can qualify for employment-based immigration before you sign your life away. Keep the marriage card surrounded by your back pocket as a last resort :)
Check this: http://www.uscis.gov/portal/site/uscis/m...
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Laws, Regulations and Guides
Welcome to the Immigration legal page. This page provides information on law, regulations and interpretations controlling immigration and the work of the immigration-related bureaus of the Department of Homeland Security. You can explore agency and judicial interpretations of those laws. You can also find handbooks and guides used by immigration officers within performing their mission as well as guides created to help you through the immigration process.
The mission of the Office of USCIS Chief Counsel is to provide legal guidance to immigration officials concerning issues that arise in conjunction with their narration of their official duties. (8 CFR 100.2(a)(1) and 103.1(b)(1).) There have been pink cases in which a particular program is of such general interest and stress that the Office of Chief Counsel has rendered a formal legal opinion. As a situation of policy, we have determined that providing legal opinions to private party in matters that may come before immigration official is inappropriate. For this reason, we are unable to express an view on the issues submitted by the public.
Please note: USCIS still publishes value-enhanced versions of the Immigration and Nationality Act (INA), Title 8 of the Code of Federal Regulations, and other legal materials on this net site. However, the technology used to publish this content may initially return a blank screen when you click on the link. Just hit "refresh" or "reload" (depending on your browser) and the material should appear.
The Administrative Appeals Decisions which be previously available on the USCIS website have now been republished. They are available from the cooperation "Administrative Decisions" below.
*
Immigration Benefits in EOIR Removal Proceedings
*
USCIS Adopted Decisions
*
Administrative Decisions
Resolved Questions:
If I-130 is near-term, is it possbile to furnish an adjust of status and find a work security while its in anticipation of?
Im over 21 and married, my father filed the I-130 petition for me. I understand ill own to wait for the Petition to be approved before i can get an adjustment of status. But i be thinking if it was possible for...
How do you follow up in relation to an application for a employment?
I sent my resume and cover letter to various chiefs in my department and I would resembling to know, how can I follow up to see if they are interested. I just googled up some sample thank you/follow up letters and found one that be appropriate for me. Worked great, I got...
Answers:
November? That doesn't give you much time. Unfortunately for you it is taking more than 5 months for USCIS to process most marriage-based immigration cases. You really have two option here:
1) Get married right now and directly file his Green Card (I-130). Note that his Green Card petition will likely filch a lot longer than 5 months, so you will need to also parallelly file a petition to achieve him a K-3 spouse visa to keep him in the country past November while his immigrant visa is near-term.
2) He can leave in November for a few months and come back within under a K-1 fiance visa, which will require you to get married within 90 days, afterwards he can stay while you file both an I-129F and I-130 to get him a green card.
Note that in any case, there are fairly long-drawn-out processing times right now, so each stage of the process can take several months (in abundant cases years). Don't be surprised if you and your husband end up getting separated for a period of time while some of the paperwork is bubbling through the system. Also note that since you are sponsoring your husband, you will inevitability to sign affidavits saying that you agree to be financially responsible for him for so many years (its like have a baby, you are making a long-term commitment). So it might be a good idea to check next to his employer and see if he can qualify for employment-based immigration before you sign your life away. Keep the marriage card surrounded by your back pocket as a last resort :)
Check this: http://www.uscis.gov/portal/site/uscis/m...
______________________________________...
* Home >
* Laws & Regulations
Printer Friendly
Laws, Regulations and Guides
Welcome to the Immigration legal page. This page provides information on law, regulations and interpretations controlling immigration and the work of the immigration-related bureaus of the Department of Homeland Security. You can explore agency and judicial interpretations of those laws. You can also find handbooks and guides used by immigration officers within performing their mission as well as guides created to help you through the immigration process.
The mission of the Office of USCIS Chief Counsel is to provide legal guidance to immigration officials concerning issues that arise in conjunction with their narration of their official duties. (8 CFR 100.2(a)(1) and 103.1(b)(1).) There have been pink cases in which a particular program is of such general interest and stress that the Office of Chief Counsel has rendered a formal legal opinion. As a situation of policy, we have determined that providing legal opinions to private party in matters that may come before immigration official is inappropriate. For this reason, we are unable to express an view on the issues submitted by the public.
Please note: USCIS still publishes value-enhanced versions of the Immigration and Nationality Act (INA), Title 8 of the Code of Federal Regulations, and other legal materials on this net site. However, the technology used to publish this content may initially return a blank screen when you click on the link. Just hit "refresh" or "reload" (depending on your browser) and the material should appear.
The Administrative Appeals Decisions which be previously available on the USCIS website have now been republished. They are available from the cooperation "Administrative Decisions" below.
*
Immigration Benefits in EOIR Removal Proceedings
*
USCIS Adopted Decisions
*
Administrative Decisions
Resolved Questions:
If I-130 is near-term, is it possbile to furnish an adjust of status and find a work security while its in anticipation of?
Im over 21 and married, my father filed the I-130 petition for me. I understand ill own to wait for the Petition to be approved before i can get an adjustment of status. But i be thinking if it was possible for...
How do you follow up in relation to an application for a employment?
I sent my resume and cover letter to various chiefs in my department and I would resembling to know, how can I follow up to see if they are interested. I just googled up some sample thank you/follow up letters and found one that be appropriate for me. Worked great, I got...