King_raja Posted May 4, 2020 Report Share Posted May 4, 2020 Hello I have my H1B extension in process and received an RFE on it .My I-94 was expired on Feb 2020. My fiancé is an American citizen and we are planning to get married next Year. In Worst case scenario if my Visa is denied we don't want go through the K1/K3 process. So we thinking of doing a court marriage if the Visa is denied( I believe we will get 2 weeks before I have to leave the country) and apply for adjustment of status in that period. Is that legal to do it or will it create any problem in my green card process ? or Should we get married and apply for adjustment of status application before any decision is taken from the USICS on my H1. (I still have June end to send my response) In that case will I lose my H1 irrespective of approval/Denial? We prefer to Wait for the decision from USCIS but Please advice which is the best way to do to ? Quote Link to comment
gopalakrishnach Posted May 5, 2020 Report Share Posted May 5, 2020 Better run through immigration attorney. Quote Link to comment
02112018 Posted May 5, 2020 Report Share Posted May 5, 2020 You have to get married asap and send the i485 application to govt to be safe before you get decision on your RFE. If you do anything after RFE decision in case denied, you'll be immediate out of status. So do it asap and file the i485 and wait for your turn for GC interview until then keep working, the day your h1 is denied, stop working and elgible to work after GC is approved. Quote Link to comment
User099 Posted May 6, 2020 Report Share Posted May 6, 2020 If you are already interested to get married then why no do it now. Why wait till the petition to be denied and then get married? It will raise questions. Quote Link to comment
LeaveMessageH1B Posted May 6, 2020 Report Share Posted May 6, 2020 On 5/4/2020 at 2:58 PM, King_raja said: which is the best way to do to ? AOS, call immigration attorney, he will guide you how to do it. Quote Link to comment
Attorney_15 Posted May 6, 2020 Report Share Posted May 6, 2020 Generally, a person who is inside the United States after having been admitted in a particular status and then falls out of status can qualify for approval of an I-485 filed with an I-130 based on a marriage to a US Citizen. It is generally a good idea to consult with an attorney to verify your individual eligibility and address any specific concerns. You can schedule an appointment to speak with a Murthy Law Firm attorney at https://www.murthy.com/consultations/. Quote Link to comment
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