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PR Status Pending but also getting married

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  • PR Status Pending but also getting married

    I've been living and working Arkansas for 6 years on an H1-B visa. This past year my PR application was submitted and I'm currently in the process of extending my H1-B one final year. I have my biometrics interview next week for PR process.

    For the last 5 years I have been dating and engaged to my fiance, I'm from Ireland, she's from Brazil. I work as a structural engineer, she does not have a college degree. We are getting married this September and having spent long periods of time apart we do not want to be apart once we are married.

    What is the best path for us to go in order for us to reenter the US and live here together while I work? I'm aware that in order for her to get her PR it will take some time, but is there any other visa options available to us that will allow us to live together while her application is being processed?

  • #2
    Originally posted by ShayNa View Post
    I've been living and working Arkansas for 6 years on an H1-B visa. This past year my PR application was submitted and I'm currently in the process of extending my H1-B one final year. I have my biometrics interview next week for PR process.

    For the last 5 years I have been dating and engaged to my fiance, I'm from Ireland, she's from Brazil. I work as a structural engineer, she does not have a college degree. We are getting married this September and having spent long periods of time apart we do not want to be apart once we are married.

    What is the best path for us to go in order for us to reenter the US and live here together while I work? I'm aware that in order for her to get her PR it will take some time, but is there any other visa options available to us that will allow us to live together while her application is being processed?
    How are you immigrating? Employment-based?

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

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    • #3
      Originally posted by ShayNa View Post
      I've been living and working Arkansas for 6 years on an H1-B visa. This past year my PR application was submitted and I'm currently in the process of extending my H1-B one final year. I have my biometrics interview next week for PR process.

      For the last 5 years I have been dating and engaged to my fiance, I'm from Ireland, she's from Brazil. I work as a structural engineer, she does not have a college degree. We are getting married this September and having spent long periods of time apart we do not want to be apart once we are married.

      What is the best path for us to go in order for us to reenter the US and live here together while I work? I'm aware that in order for her to get her PR it will take some time, but is there any other visa options available to us that will allow us to live together while her application is being processed?
      You can file for a H4 visa for her.
      Just an opinion; Not legal advice.

      Comment


      • #4
        Originally posted by newacct View Post
        How are you immigrating? Employment-based?
        Yes employment-based, I've been with the firm for 6 years now.

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        • #5
          Yes, it will be an employment-based immigration. Will applying for the H-4 visa now affect my PR process? What happens when my status switches to PR from H1-B?

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          • #6
            Originally posted by ShayNa View Post
            Yes, it will be an employment-based immigration. Will applying for the H-4 visa now affect my PR process? What happens when my status switches to PR from H1-B?
            Nope H4 does not affect your PR process. In fact if you haven't filed the I485 yet, you can add your spouse's name as a derivative beneficiary.
            Just an opinion; Not legal advice.

            Comment


            • #7
              Originally posted by scientist2016 View Post
              Nope H4 does not affect your PR process. In fact if you haven't filed the I485 yet, you can add your spouse's name as a derivative beneficiary.
              It doesn't matter if I-485 has been filed or not. As long as they marry before he becomes a permanent resident (i.e. before I-485 is approved), she can immigrate as his derivative beneficiary (either through AOS or CP). Though she would only be able to come on H4 to do AOS before he becomes a permanent resident; otherwise she would have to do CP.

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

              Comment

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