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Attorney_22

Marriage and U.S. Immigration

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This week, Murthy Law Firm attorneys will answer questions regarding marriage and U.S. immigration, such as immediate relative petitions, fiancée visas, and family-based preference petitions. 

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

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I am on F1-OPT STEM extension, looking forward to visiting home country around December and get married. I am planning to get my future spouse on F1 visa. The program of my spouse's interest starts in April 2019. Will our marriage in Dec/Jan affect chances of my spouse to obtain F1-visa? Or should we postpone marriage by a couple of months so that she can secure F1 visa first?

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Once I-130 is approved under F2B for India, has the petitioner any documentation work or does the beneficiary only need to take followup documentation work?.

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On 8/24/2018 at 1:33 AM, CryptoBoom said:

I am on F1-OPT STEM extension, looking forward to visiting home country around December and get married. I am planning to get my future spouse on F1 visa. The program of my spouse's interest starts in April 2019. Will our marriage in Dec/Jan affect chances of my spouse to obtain F1-visa? Or should we postpone marriage by a couple of months so that she can secure F1 visa first?

Since you are not a U.S. citizen or LPR, it is unlikely your spouse will have an intent issue when applying for the F1. However, since F1s are only able to enter within 30 days of the program start date there may be a gap between the marriage and when you are in the U.S. together. To discuss this in more detail, please call our office. 

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On 8/24/2018 at 9:18 AM, polyglot said:

Once I-130 is approved under F2B for India, has the petitioner any documentation work or does the beneficiary only need to take followup documentation work?.

If the case was filed for consular processing, Fee Bills will be issued from the National Visa Center. Additionally, the Petitioner will need to provide an affidavit of support, and potentially other documentation as requested by the National Visa Center. 

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Dear sir/madam,
 
Hope you are doing well. I am currently on an H1, which expires at the end of the month. My I-94 expires on the same day as my H1. I have applied for a H1 extension and just got back an RFE. My girl friend, who is a citizen, and I are planning to get married sometime in the next year. I have the following questions in relation to this extension and my GC process: 
1) I was wondering what would happen if my H1 extension request gets denied at a date later than the end of this month, which is when my current H1 and I140 expire. I know that I have to leave the country. How much time do I have for that? 
2) If I get a rejection, once I do leave the country, am I allowed to come back and apply for a green card? I heard something about how being out of status means I am ineligible to apply for a green card. 
3) If I get married before the end of the month, and I do get a rejection after the end of the month, will I still be considered out of status and ineligible for a green card?
4) If I get married immediately after I hear about a rejection, would I still be considered ineligible for a green card?
 
Any information you could provide in relation to a H1 rejection, being ineligible for a green card and in the context of my marital status would be greatly appreciated. 
 
Thank You!

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Hi,

My husband was working on H1B visa and he applied for H1B extension in June, 2018 as it was going to expire in July,2018 in premium Processing.. but it got an RFE and our lawyer answer it in August,2018. On September 4, his H1B got rejected and he had to go to India as he was out of status. 

Our employer has applied for H1B again with the document that was cause of rejection and the application went in on September 13,2018 and in a regular process as premium Processing was removed.

I am also working on H1B in USA. We are planning to apply for H4 visa for my husband. My question is: as per my employer, if we apply for H4, the pending H1B will be automatically revoked. Is it true? 

What are the chances that his pending H1B will be approved as it has been already a month that we re-filed. 

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My wife & I got married last year Oct and we filed for our i130 in April, 2018. We got an RFE notice but my wife didn’t receive it so we requested for an address change which was successful but my case is quite complicated because I was in a removal proceedings back in 2015 and I was given a 5-year ban. Is this going to delay our process because it’s hard being away from my wife and anxiety is starting to crip in on us. We are still expecting to receive the RFE package and hoping we get an answer as soon as possible. Anyone with similar case or an advice would be appreciated. Thank you

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