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  • Spousal Greencard sponsor

    I am currently on H1B visa with I-140 approved. My H1B visa i-94 is going to expire soon, the H1B visa extension has already been filed.
    At my current work place I get a sense that I am going to get laid-off while H1B visa extension is in progress.

    My partner is an US citizen, divorcee with 2 kids, both of them have a join custody.

    We have decided to get married.

    1) If I am laid off before marriage, I will be out of status. Will that prevent the marriage or make the marriage void because of me being out of status?

    2) We currently do not live together nor have any financial asset together so far. We will move in together after marriage. Currently not staying together is an issue?

    3) I am planning for a court marriage or elopement, no one from my family is going to be present. My partners kids, siblings and couple of other friends are planning to attend the marriage.
    We are not going to invite more than 10 people for marriage ceremony.
    Given all the above, is would it be difficult to prove a genuine marriage?

    4) My spouse and I together earn little more than $100K/year. This will go down by 70% if I lose job. Based on this, will it be difficult for my partner to sponsor me GC?

  • #2
    Originally posted by FreshH1B View Post
    I am currently on H1B visa with I-140 approved. My H1B visa i-94 is going to expire soon, the H1B visa extension has already been filed.
    At my current work place I get a sense that I am going to get laid-off while H1B visa extension is in progress.

    My partner is an US citizen, divorcee with 2 kids, both of them have a join custody.

    We have decided to get married.

    1) If I am laid off before marriage, I will be out of status. Will that prevent the marriage or make the marriage void because of me being out of status?

    2) We currently do not live together nor have any financial asset together so far. We will move in together after marriage. Currently not staying together is an issue?

    3) I am planning for a court marriage or elopement, no one from my family is going to be present. My partners kids, siblings and couple of other friends are planning to attend the marriage.
    We are not going to invite more than 10 people for marriage ceremony.
    Given all the above, is would it be difficult to prove a genuine marriage?

    4) My spouse and I together earn little more than $100K/year. This will go down by 70% if I lose job. Based on this, will it be difficult for my partner to sponsor me GC?
    1. No. Your status doesn't matter for marriage.
    2. Not an issue, as long as you can show financial comingling by the time you file AOS.
    3. It might lead to some questions, but I think it should be fine since there are a few people from her side of the family attending.
    4. It could be an issue, depending on how much her own income is, and depending on whether her kids are her dependents which would mean they need to be included in her household size.

    This is my personal opinion and is not to be construed as legal advice.

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