GC Holder to H1B Marriage Question

[gdilla]

Situation: Canadian GC Holder; Fiance Japanese H1B who will lose her job. H1B expires in June 2010.

Question: How can I keep her in the US? She is having no luck finding a new job, and no employer will sponsor GCs right now here in southern california. She is a translator so it's a tough market for her.

I've had my GC almost 2 years, so a ways off before i get citizenship and sponsor her that way. i'm not so much concerned for her to be able to work, as I am that she can live here legally while we are married.

What are my option? I hear I can sponsor her GC but it takes 5-7 years. Is that accurate? Any other options?

Thanks for all your help and consideration.

[sunny1000]

Originally Posted by gdilla

Situation: Canadian GC Holder; Fiance Japanese H1B who will lose her job. H1B expires in June 2010.

Question: How can I keep her in the US? She is having no luck finding a new job, and no employer will sponsor GCs right now here in southern california. She is a translator so it's a tough market for her.

I've had my GC almost 2 years, so a ways off before i get citizenship and sponsor her that way. i'm not so much concerned for her to be able to work, as I am that she can live here legally while we are married.

What are my option? I hear I can sponsor her GC but it takes 5-7 years. Is that accurate? Any other options?

Thanks for all your help and consideration.

Yes, it will be 5 years for her to get a GC in the current situation (Family based petition category 2A is at 22nd dec 04).

One way for her to remain legal is to change to F1 by becoming a student (if that is possible). After 3 years, you can apply for citizenship and then sponsor her for GC which will be the fastest route.

A couple of issues in case of change in status to F1 - first issue may be the travel - if she goes out of the country after the change in status, she has to get the visa stamped and that will be very difficult since she has the intent to immigrate. The second issue may be that USCIS may not extend the I-94 if/when they approve the F1 in which case she has to leave country immediately to get visa stamped and that will circle back to issue #1(I would let the more experienced members/attorneys to comment on this point).

Good luck.

PS: CAN you please correct your profile?

[gdilla]

Yeah, I thought I did update everything in my profile. Not sure why it doesn't show up.

Anyway, thanks for the response. So if I do petition for her GC, can she exist in the US? I get the feeling no, unless she has an F1, H1, or other valid visa only. Is my understanding correct?

Originally Posted by sunny1000

Yes, it will be 5 years for her to get a GC in the current situation (Family based petition category 2A is at 22nd dec 04).

One way for her to remain legal is to change to F1 by becoming a student (if that is possible). After 3 years, you can apply for citizenship and then sponsor her for GC which will be the fastest route.

A couple of issues in case of change in status to F1 - first issue may be the travel - if she goes out of the country after the change in status, she has to get the visa stamped and that will be very difficult since she has the intent to immigrate. The second issue may be that USCIS may not extend the I-94 if/when they approve the F1 in which case she has to leave country immediately to get visa stamped and that will circle back to issue #1(I would let the more experienced members/attorneys to comment on this point).

Good luck.

PS: CAN you please correct your profile?

[sunny1000]

Originally Posted by gdilla

Yeah, I thought I did update everything in my profile. Not sure why it doesn't show up.

Anyway, thanks for the response. So if I do petition for her GC, can she exist in the US? I get the feeling no, unless she has an F1, H1, or other valid visa only. Is my understanding correct?

AFAIK, that is correct. Even if you apply for her GC now, her stay won't be legal until she can file for the petition to adjust status (I-485) which will take a few years as the visa number should be available to file for I-485. That visa number is now available for applicants who filed on 12/22/04. You do the math.

[gdilla]

Ok, another question - is it safe for her to go form H1 to F1 (she is not being sponsored for GC now)? And if she does switch to F1, will border crossings or int'l arrivals be a problem since they may notice she's married to a resident and has an intent to live in the US because her spouse (me)? F1 is a temp visa so what happens in this situation?


And if she does switch to F1, should it be done before or after marriage?