test1234_test1234 Posted February 22, 2013 Report Share Posted February 22, 2013 Guys, So I recently found out that I may be elligible for ROW quota processing and I am not sure about what I need to do next ... So my current status is :- Single I140 Approved 3yr extension post 140 approval = approved and stamped in passport my priority date in Jan 2012 Next course of action :- Getting married with my fiance who is a canadian citizen but was born in Bharain I was told that I can apply in ROW quota based on the fact that she was born in Bahrain ... The confusion is :- My EB2 Application was done by my company that is I got my I-140 approved by my company and their lawyer ... so now that I have revealed to them my plans to get married to my fiance does that mean I have do my GC processing on my own or can my company lawyers continue to do this for me ? This will still be considered as a EB2 (employment based ) application right ? Link to comment
Belle Posted February 22, 2013 Report Share Posted February 22, 2013 Your application proceeds just like it would otherwise in a situation when the PD is current. The only thing that is different is the fact that your visa will be counted against a different country. Link to comment
tusharvk Posted February 22, 2013 Report Share Posted February 22, 2013 it will be EB still. Whether the lawyer will handle it, depends on the company policies.If they do not do it, you can still continue with another lawyer for filing of your wife's 485 mentioning to the new attorney about the cross charge ability. Link to comment
test1234_test1234 Posted February 25, 2013 Author Report Share Posted February 25, 2013 Thanks guys ... I had another question ... We are in a bit of a predicament ... she will be leaving canada for the us at the end of this month ... we havent gotten married yet ... so we are thinking of getting civil married in toronto over this weekend ... the issue is that she wont have a "marriage certificate" and so wont be able to be processed at the airport ( since shes a canadian she doesnt have to go to the consulate) ... so now given that the marriage certificate takes 4-6 weeks to come ... what are my options ? can she enter the US as a normal visitor ? and then go back when the certificate comes and get processed at the airport ? Ideally I would prefer to get civil married in the States (we have a lot of friends here who would come to see it happen) but im being told that its better for us to get married in Toronto and then have her do her paperwork at the airport , the thing is we dont have much time :( We've been engaged since August of last year .... just didnt think that "Where" we get married would be such a big issue ... Link to comment
shandan Posted February 25, 2013 Report Share Posted February 25, 2013 Your GC process does not change, only the time required to file I-485 will be eliminated once you get married. Currently your PD is not current so even with your approved I-140, you are waiting for your PD to be current. Once you get married you would be able to file for your I-485 using cross-chargebility using your wifes country of origin (Bharain). Link to comment
Belle Posted February 26, 2013 Report Share Posted February 26, 2013 I don't understand why it would be better to get married in Toronto? She can enter as a visitor, get married, and change her status to H4 (I guess that's what you want) in the US. If entering on H4 from Canada, I am not sure if she needs to go to the consulate to stamp H4 or if she can just enter on H4 with your H1 documents. If the second - how about she comes as a visitor, you get married and receive the marriage certificate, then she can leave and re-enter with the marriage documents. One thing I can tell you for sure - she can't file AOS (just she - you, in fact, can even she can't) if she enters the US as a visitor on a visa waiver (aka as a Canadian) and remains a visitor - however, she may change her status to H4, and then file, even if she entered on a visa waiver. Two things to remember, first, a couple of months will likely make no difference whatsoever in your life. So, choose your options. Second, a $200 for a lawyer consultation can do you a lot of good. Link to comment
catx Posted February 26, 2013 Report Share Posted February 26, 2013 As a Canadian (with a Canadian passport) she should have no problem coming to the U.S. as a visitor. After which you could have a civil marriage in the U.S. (as you would prefer). Once married you can apply for a H-4 visa for your wife, and when the approved I-797 for her H-4 visa is received you can travel back to Canada and come back to the U.S. to have her (Canadian) passport stamped at the port of entry. (Canadian citizens do not need to go to a U.S. embassy for visa stamping.) From there you can proceed with your I-485 adjustment in status. Note: I am Canadian, and have found it generally easier to take care of U.S. immigration visas for myself and my family at a ground port of entry versus the (Toronto, Vancouver) airport, e.g. flying in and out of Buffalo, NY and going through the Queenston Lewiston Bridge or Peace Bridge ports of entry by car. As Belle posted, the best advice is to start by consulting with a qualified, experience immigration attorney before making any plans. Link to comment
test1234_test1234 Posted February 28, 2013 Author Report Share Posted February 28, 2013 Hi catx , I already have a valid I797 and a stamped H1 B visa till 2016 , do I need to apply for another I-797 for her ? I was under the impression that she has to use my visa information (i.e. , I-797 + stamping on my passport etc) ... Thank you for the tip on the port of entry :) Link to comment
catx Posted February 28, 2013 Report Share Posted February 28, 2013 An H-4 visa for a spouse or child (dependent) is a separate petition (based on the primary beneficiary's approved H-1B visa), and will result in their own approved I-797, visa / stamping in their passport, and I-94. In other words, once you are married a H-4 visa petition for your wife can be filed, and she will receive an approved I-797 that she can take to a port of entry for stamping in her passport and a I-94. Link to comment
test1234_test1234 Posted March 5, 2013 Author Report Share Posted March 5, 2013 Catx / Belle, My companies lawyer tells me the following ... 1) we can get married in the US 2) once we get the Marriage certificate she can then go back to canada 3) using "my" I - 797 (original notice ) and copy 4) My stamped H1 B visa (copy) 5) Our marriage certificate and because shes a canadian citizen can get her visa stamped at the airport / port of entry ... It seems like I dont have to apply for a seperate I-797 for her ... Can you agree / disagree (advice against the above) and articulate why the above isnt allowed ? The thing is I dotn want to push this lawyer too much cause I took up the case with HR and they co-ordinated a conference call with the lawyer and we discussed this topic in absolute detail and he said that just the above should be fine ... he even said that I was worrying a lot :( I hate it when people say that I'd be worrying about my career/ life if one is not to worry about something like then then I argue what should one worry about ... if the answer is NOTHING then i think the word should be deleted from OXFORD ;) I think worrying / being tensed is something every Indian seems to pack along with then they board they very first flight from India to the US :) Thanks for your posts , much appreciated . Link to comment
catx Posted March 5, 2013 Report Share Posted March 5, 2013 I would check with another qualified, immigration attorney (outside of your company). From what you posted, it seems like the consultation fee would be worth the piece of mind. (Maybe one of the forum attorneys will also post a reply.) I am Canadian, and my wife and children have always had their own I-797s, visa / stamping in their passports, and I-94s. My company's immigration attorney has always made sure that my family's H-4 visa petitions were filed along with my H-1B visa petitions. (Not to call into question your company's lawyer, but is he an iimmigration attorney? Maybe your company's lawyer is tthinking that a H-4 visa for a Canadian citizen is similar to a TD visa, which is granted directly at the port of entry based on the principle's TN visa?) Link to comment
test1234_test1234 Posted March 5, 2013 Author Report Share Posted March 5, 2013 Well he is an immigration lawyer for sure and has been doing our applications for a long time ... I work for IT company that has around 14K employees world wide and in the US from what I can tell there are quite a few H1B visa holders , his info has been pretty fine , but I always fear about stuff that you mentioned ... A few friends of mine (that I know of) have told me the very same thing that their companies always apply for H4 visa along with their extension (h1B) , which is why I cross questioned him multiple times :) so that there wasnt any doubt .... Link to comment
tusharvk Posted March 6, 2013 Report Share Posted March 6, 2013 Catx / Belle, My companies lawyer tells me the following ... 1) we can get married in the US 2) once we get the Marriage certificate she can then go back to canada 3) using "my" I - 797 (original notice ) and copy 4) My stamped H1 B visa (copy) 5) Our marriage certificate and because shes a canadian citizen can get her visa stamped at the airport / port of entry ... It seems like I dont have to apply for a seperate I-797 for her ... Can you agree / disagree (advice against the above) and articulate why the above isnt allowed ? The thing is I dotn want to push this lawyer too much cause I took up the case with HR and they co-ordinated a conference call with the lawyer and we discussed this topic in absolute detail and he said that just the above should be fine ... he even said that I was worrying a lot :( I hate it when people say that I'd be worrying about my career/ life if one is not to worry about something like then then I argue what should one worry about ... if the answer is NOTHING then i think the word should be deleted from OXFORD ;) I think worrying / being tensed is something every Indian seems to pack along with then they board they very first flight from India to the US :) Thanks for your posts , much appreciated . I think this is not unusual; spouse can always apply h4 by going to the consulate present the principal's docs and marriage certificate. I797 for dependents is the result of filing EOS or COS for h4 stay (if the wife is already staying in this country). You just need to be clear about what she is visiting as when she comes here for the wedding. If she comes as a visitor, get the marriage certificate and go to canada and apply for h4 poe or consulate. Or you can get married in toronto and appear at the poe with the marriage certificate and all your documents and get the h4 visa and make sure she entered in h4 status so she can do 485. how much time would it take for the h4 visa stamp at poe? Link to comment
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