Marrying a US Citize while traveling on a B1 Visa

[frndlyy]

I'm from India. I'm travelling to US on a B1 Visa sponsored by my company for a 3 month Training at its US Division.
My Visa is valid for 10 years and my current stay is valid for 6 Months.
I have completed the 3 Month Training and my company has made travel arrangements to send me back to india.
During my stay I dated a co worker( He is a permanent resident of the US) and we decided to get married.
Please keep in mind that I had no intensions to marry him when i was in India nor when I got here. Now I want to marry him and stay back in the US.
But since my company wants me to go back, I want to resign from my position and marry him and that way I can stay back.


Now my question is,


1) A) Once i resign and they accept it, Would it be Illegal for me to stay back in the US for the next 3 months, even though my stay is still valid?
B) If it is Illegal, What if i'm married to him? Will then I be legal to stay back as I would be applying for a status change?

2) Would the US goverment detain me or ask me to leave the country even after I'm married to him and applied for a status change?

3) How long would it take normally for me to get a green card and EAD?

4) Is my company allowed and/or forced to inform and/or file a complaint against me with the Immigration authorities that I'm no longer working with them and absconding or Missing in Action or something?

5) I understand I can't work in the US till i get my Green Card and EAD, but will I be legal to stay back?



Any quick answer is greatly appreciated.

[thnos]

US citizen

Is your fiance an US citizen or a green card holder? Was your fiance born in the USA or became Permanent Legal Resident on work based application?

To my knowledge if your fiance is a Green Card holder then forget about any plans of quitting your job and marrying here while on B1. You will be denied green card. Your fiance needs to be an US citizen to file for adjustment of status after marriage to you in the USA.

It looks like that in the 3 months of your training in the USA you fell in love with your co-worker and decided to get married, correct? Is it not a bit "too soon" to be talking about marriage? Realistically you have been dating for less than 3 months before talking about marriage correct? It might be seen as you are trying to stay in the USA by means of marriage. Am not questioning your feelings, am just saying what it looks like...

Am not a lawyer and my opinion is just that MY opinion so i cannot help you with some more intricate questions of quitting your job and what happens next.
Better to consult with a lawyer.

Good luck

[barbarajlw]

I'm from India. I'm travelling to US on a B1 Visa sponsored by my company for a 3 month Training at its US Division.
My Visa is valid for 10 years and my current stay is valid for 6 Months.
I have completed the 3 Month Training and my company has made travel arrangements to send me back to india.
During my stay I dated a co worker( He is a permanent resident of the US) and we decided to get married.
Please keep in mind that I had no intensions to marry him when i was in India nor when I got here. Now I want to marry him and stay back in the US.
But since my company wants me to go back, I want to resign from my position and marry him and that way I can stay back.


Now my question is,


1) A) Once i resign and they accept it, Would it be Illegal for me to stay back in the US for the next 3 months, even though my stay is still valid?
B) If it is Illegal, What if i'm married to him? Will then I be legal to stay back as I would be applying for a status change?

2) Would the US goverment detain me or ask me to leave the country even after I'm married to him and applied for a status change?

3) How long would it take normally for me to get a green card and EAD?

4) Is my company allowed and/or forced to inform and/or file a complaint against me with the Immigration authorities that I'm no longer working with them and absconding or Missing in Action or something?

5) I understand I can't work in the US till i get my Green Card and EAD, but will I be legal to stay back?



Any quick answer is greatly appreciated.

Personally I would not quit your job and try and stay in the USA. It will look like you came here to immigrate on a B1 visa and that is classed as fraud. You can get married while you are still here but then you go back to India while your husband petitions a spousal visa for you CR1. You say he is only a resident GC holder yes? Then he can petition for you only if you are a relative hence becoming his wife. But you have to go home and wait till approval then you will have interview in India and will gain GC status upon arrival back in the USA. As stated before 3 months is not that long and maybe you need to spend a bit more time getting to know each other. You can correspond long distance to see if you still feel the same way then he can apply for a 129f fiance visa for you only after he becomes a citizen.

[frndlyy]

Yes he is a US Citizen and was born here. We have known each other for 3 years through work and became very good friends.
Now when i got the opportunity to travel to US, we met and spent a lot of time together and fell in love.
I don't want to go back to India and wait there as it might take a year or more for things to happen.
So based on this, please answer my questions from the original post.
Thanks a lot

[thnos]

proof

Yes he is a US Citizen and was born here. We have known each other for 3 years through work and became very good friends.
Now when i got the opportunity to travel to US, we met and spent a lot of time together and fell in love.
I don't want to go back to India and wait there as it might take a year or more for things to happen.
So based on this, please answer my questions from the original post.
Thanks a lot

Since he is a US citizen and you entered the country legally you could in theory get married in the USA and file for adjustment of status. BUT (and it is a HUGE BUT) you need among other things to prove bona fide of marriage! immihelp.com has an excellent, detailed section of documents needed to prove bonafide of marriage. Go through the list and see how many of those docs you will be able to have physically in your hand when you file in adjustment of status. Please be advised that the more docs the merrier since you can PROVE that this marriage is not a fraud.

In regard to you being friends with your fiance prior to you coming to the US there is nothing you can use on that end to prove any romantic relationship, because as you stated you were just friends! Immigration needs solid proof of any claims before they grant anything and believe just your words don't mean a thing to them!!!

I agree with Barbara on everything. Please search immihelp.com under the sections of adjustment of status, green card based on marriage, spouse visa, consular processing, US processing. The forums are for questions and not always you get the info you need. Immihelp.com has a web-page, as you have seen already, with much detailed info.

Also try to read the USCIS home page in regards with non-immigrants getting married to US citizens. One last word of advice is that Green Card holders ARE NOT CITIZENS. What applies to your fiance does NOT always apply to you. He can vote you cannot. And if you do it is a CRIME, punished by law. Make sure you do not commit any crimes while in the USA and stay away from any kind of trouble if you want things to go smoothly. There is NO BENDING of the RULES just because you have pretty eyes or you have a good heart!!! There are many "lawyers" out there who do this for the money and will promise FAST results but WITH NO GUARANTEE!!! Please be aware of who you choose to handle your case if you decide to use a lawyer.

i still believe that 3 months is too soon since your needed docs for proof of bonafide will be next to nothing except of course for your marriage certificate, yours and his birth certificate. But i have never heard of any one getting a green card just by submitting 3 documents along with the application.

Please DO NOT break the law and overstay your B1 visa UNDER NO CIRCUMSTANCES if you are not married to your fiance. There is NO excuse for you as much as you try to prove otherwise. if you get married and your visa expires then you are "covered" by the petition for adjustment of status but still it is a gamble because you will technically be out-of-status! US processing for marriage based green card is from 6-8months before you get approved, IF you get approved!!!!

During interviews DO NOT LIE and be as accurate as you can be. Hope all this works.

Good Luck

[frndlyy]

Do or Die

OK, now here is the deal.

I quit my job. Got married and have obtained a legal copy of the marriage certificate. Getting his name changed at work and on SSN.

As per my knowledge, I need to file the following forms.

I-130 Application for Permanaent Resident ( Green Card ) $420
I-485 Application for Adjustment of Status $1065 (Including 85$ Biometric Fee)
I-765 Application for EAD $380
I-131, Application for Travel Document (Advance Parole Document)$445 (Including 85$ Biometric Fee)
I-864 Affidavit Of Support Under Section 213A of the Act
G-1145 E-Notification of Application/Petition Acceptance

Can i just download the forms, fill , print & sign and mail them to USCIS or is their any option to do it online? I'm sure i'm missing some info on how to file them.

And am i missing any other required forms?

What supporting documents would i require?

[barbarajlw]

OK, now here is the deal.

I quit my job. Got married and have obtained a legal copy of the marriage certificate. Getting his name changed at work and on SSN.

As per my knowledge, I need to file the following forms.

I-130 Application for Permanaent Resident ( Green Card ) $420
I-485 Application for Adjustment of Status $1065 (Including 85$ Biometric Fee)
I-765 Application for EAD $380
I-131, Application for Travel Document (Advance Parole Document)$445 (Including 85$ Biometric Fee)
I-864 Affidavit Of Support Under Section 213A of the Act
G-1145 E-Notification of Application/Petition Acceptance

Can i just download the forms, fill , print & sign and mail them to USCIS or is their any option to do it online? I'm sure i'm missing some info on how to file them.

And am i missing any other required forms?

What supporting documents would i require?

For starters the fee for AOS is $1070 not 1065 and you don't pay separate for 131 and 765 as they are all inclusive with the I-485 the $1070 covers all them when filed together. Yes you file the 130 and pay the cost of that affidavit of support I-864 from your husband as you said you got married.
You download the forms yes and fill them in and post to USCIS at the Chicago address,. As stated you need to read the guides on here and on USCIS the instructions are all there. Supporting documents are wedding pics, joint utility accounts, bank statement on both names and so on.
Good luck.

[thnos]

marriage based green card

OK! you will need LOTS OF LUCK!!!

1) IF you are granted a green card it will be conditional! That means it expires in two years from issuance and you will have to apply for removal of conditions!!! YES, you will need to go through the interview process one more time in less than two years from the day you are granted the Green card. The reason is because your marriage is LESS than 2 years at the date of interview. YOU DO NOT MEET THAT CRITERIA SO AS TO GET the 10 year renewal of Green Card.

2) Supporting documents of bona fide of marriage ARE BUT NOT LIMITED TO:

-->As stated joint bank accounts (RED flag raised if the acquisition of joint bank account is less than a month before the interview.) FYI, you need a SOCIAL SECURITY NUMBER to join your husbands account.

--> Copies of actual credit cards, bank cards with both names on same account, health insurance cards, membership cards (gym, golf, sports, grocery clubs)

--> joint federal tax returns

-->Photographs from the wedding ceremony showing you and your family members who attended the wedding. Also photographs which show romantic relationship (trips together, social gatherings together, music concerts together, outings with friends) OVER A WIDE EXPANSION OF TIME. Do not submit photographs of just one event. Do not submit video tapes or DVD's of the two of you. NO TIME FOR VIEWING, yours is not the only case they handle in a day.

--> Wedding invitations, wedding reception invitations

--> Names of both spouses of property bought together. EXAMPLES car (car title, car purchase contract), house (house title, house purchase agreement, house bills)

--> names of both spouses on house rental lease, life insurance, house insurance, car insurance, make on beneficiary of the other

--> Receipts of gifts bought for one another, wedding expenses, trips together

These are some of the supporting documents that are accepted for bona fide of marriage. This is NOT a comprehensive list of documents. MANY more may be added and submitted. Please review the USCIS website and the immihelp.com website for more information.

Good chances are that you WILL NEED A LAWYER and most probably there WILL NOT BE JUST ONE interview. Read the sections on immihelp.com for STOKES and what follows a non-issuance of green card. Read the whats next steps just in case for appealing your case.

During the interview expect questions such as:

Why did you quit your job? How long have you been in a romantic relationship prior to marrying one another? Do you have supporting evidence of a romantic relationship? Why did you decide to marry after just dating for 3 months?

GOOD LUCK!!!!!!!!

[frndlyy]

Travelling within the US with I-797 but expired I-94.

Hello, Thank you all for your replies. I appreciate your responses. Has been very helpful to me.

So now here is the situation. We are married, filed paperwork ( 2 months after I-94 expired) and got the I-797 recently like a week ago. Now we want to travel to another state to visit his grand parents. But as i said my I-94 has expired.

Now my question is will there be any issue traveling within the country? Will I face any issues/questions by the TSA or IO?

Is there anything I can do to avoid this apart from carrying my I-797 ?

Any and all help and advice is truly appreciated.

Thanks all

[frndlyy]

Priority Dates

As from what i read, Priority dates for the spouse of a U.S Citizen is the date applicatoin was accepted by USCIS. And Visas are unlimited. Am I right? How do the priority dates imply to me? can someone please explain in detail?

[senthil_vpc]

I-94 expiry may be red flag

Congratualtions for your marriage, green card and everything!!!.
I-94 expiry may be a red flag. Dont rely only on responses from this forum.

I am not sure about unlimited visa number and application date as priority date for US citizens.
check with attorney or some other experienced immigration attorney.

[zoom123]

Go you your local attorney who have experience in immigration. The attorney below does mostly for employment based immigrations, the fee sucks. Every time you schedule they charge you 100 to 150 for 30 mints. Even though you hire them they rip you. For different topic they refer to different attorney.
I had a bad experience with them, they can do marriage, asylum etc immigrations. They gave me controversial suggetion. I talk to one he said he is not sure what to do and told me to contact another one, the other one also charged and he not sure what he can do.
The fee is too high.
if you are from NY or NJ let me know. I will tell you the best and affordable attorneys.

[zoom123]

As married to US Citizen you are entitle to interview in US and immediate vis number availibility.
Don't worry.
After submitting application, you will receive NOA with in 3 to 4 weeks.
Then you will get biometric appointments within 2 months, and also interview date letter. (if it on time other wise you interview will be within 3 to 6 months),

[frndlyy]

Biometrics & RFE

Thank you all again. I appreciate your response.

We received the Biometrics appointment letter for I-765 and is scheduled for April 10th 2012.
But today we received an email from USCIS stating they have mailed RFE for my I-485.
I wonder what it could be. Well i'm prety sure we did submit everything required. This might be for some additional evidence. I will keep you posted on that.

""""""Normally if the RFE is for EAD, the USCIS says we get EAD after 90 days from the submission of RFE. Means as everybody already knows, they consider the prior days as nothing and will start over and we have to suffer for more time. Well whatever. """"


But my question is: Will the RFE for I-485 effect my EAD in any way?

[zoom123]

Good to know you got Biometric, just go and done it.

For your question it is Yes & NO. The EAD is purely depend on I-485. Still you don't know what RFE they asked. It depends, if it's is a simple RFE for BC, or copy of docs etc or any major RFE.

Hope it will be fine.Don't worry.