H1B Visa holder getting married to GC holder

rd1234

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rd1234 Newbie

rd1234

Posted
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Hello,
 am on H1-B visa and it is stamped and valid till 2015.I am getting married to Green Card holder in August 2013 in US.
We are planning to take advantage of current status of F2A category and file for my AOS/GC immediately after marriage in August 2013 in US. Later in November 2013, we are planning to go to India for traditional marriage ceremony in India.

 

Now question is whether I can return to US after ceremony in India in November 2013,using my H1-B or will i require some additional paperwork .

Thank you!

xfitter Advanced Member

xfitter

Posted
Posted

We are planning to take advantage of current status of F2A category and file for my AOS/GC immediately after marriage in August 2013 in US. 

Would not the OP have to file I 130 first and get approval before filing AOS in F2A category? 

  • 3 weeks later...
xfitter Advanced Member

xfitter

Posted
Posted

The OP would file I-130 and AOS at the same time as the dates are current.

Apologies to rd1234 for posting my follow up question on your thread. My brother-in-law is in similar situation, hence this question. Any advice from experts is appreciated.

 

He is married to a LPR in August in India, he is on H1B and now both are back in the US. They have all required documents. Can his LPR wife file I-130 and I-485 concurrently now (in Sep), or do they have to wait for I-130 approval first before filing AOS? 

 

USCIS site lists several conditions for concurrent filing, out of which " - If an immigrant visa number is immediately available" may qualify them for concurrent filing. It seems his wife called USCIS with questions and was advised they cannot file concurrently because she is LPR and not a USC. Anyone heard this constraint before? Please advise. 

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