GC Interview. Pls Help. Special Situation.

[sparikh80]

Hi,

I came to US in 2002 on F-1 but did not complete my degree. During my OPT I got job and also H-1. Before I got H-1 my gf (who happens to be a US Citizen) was extremly worried that I wont get the H-1 visa and would have to leave US, so before I receieve my H-1 we got married in Court in 2006 and also filed for GC. I received my EAD and now I have an interview call. She is in Boston staying with her parents because of schooling issues and I am in NJ. I have her name on the lease of our apt, I have life insurance policy with her as primary beneficiary, I also have a "Will" which states her as my primary beneficiary.

ISSUE:

My gf's parents dont know about our marriage but they are cool about our relationship. Both of our parents have approved this relationship but they dont know about our court marriage. Infact both mine and her parents are so good that they got us engaged couple of months back and we are all set of marriage next year in Portugal.

Question:

If I dont get the GC by the time I have to travel outside US for getting married in Portugal next year what should I do. My H-1 visa is not based on a US degree...would that affect my stamping ?? Or should i be extra careful and apply for travel outside US while my GC is being processes ??

During the interview should we be truthful about our situation ??
Any tips for successully clearing the interview ??

Thanks for Your time and efforts.

[PraetorianXI]

You should be truthful about the situation, I think you need to "come clean" to both parents... and really, since you live apart, it is going to be VERY hard to prove a real marriage... Seek legal counsel.

I also advice you not to leave without Advance Parole, since you have been using your EAD? your H-1 visa is no longer valid.

[sparikh80]

GC Interview. Pls Help. Special Situation

Thanks PraetorianXI. You have been very helpful.

We took this major step because I already have a legal counsel and he knows about the situation.

I have a question for You. Do You think coming clean to parents and too immigration officer would help ? What I mean by that is if I come clean to the officer would they understand that this guy has been legal in US even b4 marriage to a US citizen. And the reason we are living separate is because of my spouse's education reasons. Unlike many other immigrants I am not in desperate need of GC I just dont want to do anything wrong.

We have very good documents: 1) Joint Lease of out apt, 2) Joint bank accounts, 3) Plenty of photographs to prove our relationship, 4) plenty of credit card bills to prove my spending for her and vice-versa, 5) I have a Will made with her as primary beneficiary, 6) I have a life insurance with her as the primary beneficiary and last but not least 7) Joint TAX filing documents. Would'nt this kind of proof help at all ??

Thanks.

You should be truthful about the situation, I think you need to "come clean" to both parents... and really, since you live apart, it is going to be VERY hard to prove a real marriage... Seek legal counsel.

I also advice you not to leave without Advance Parole, since you have been using your EAD? your H-1 visa is no longer valid.

[PraetorianXI]

I think you have a good case and your lawyer should help.