Q&A’s published on Lawyers.com and the Epoch Times – 09/08/2017 1. Fiancé Visa 2. Can Dependent Work with EAD and EB-1 I-140 in RFE Status? 3. How Can My Boyfriend Get a Visa to Come Visit Me in the US?

1. Fiancé Visa

Do I need to obtain a fiancé visa to marry my fiancé who is a British citizen in the US? We both divorced last year.

Mr. Lee answers:
If the alien is in the United States, a fiancé visa is not required. You can move directly to filing for the green card. A fiancé visa is utilized where the alien is outside the United States.

2.Can Dependent Work with EAD and EB-1 I-140 in RFE Status?

I am in H-1B status. I got my green card applied through my company in EB-1 category 1.5 yrs before. Also have received employment authorization card (EAD) and advance parole (AP) for myself and dependents. In this situation my I-140 went to request for further evidence (RFE) status. Would like to get some suggestions that whether my dependent can work with EAD. If yes, the what will happen to H-4 status. Can anyone help me to proceed further? I am happy to discuss with a legal adviser, please help me to get the amount I need to pay to get these info

Mr. Lee answers:
I assume that you filed form I-485 applications to adjust status for yourself and all members of your family. The EAD’s are based upon the I-485 filings. As long as the I-485 applications are still pending, you and your dependents are still entitled to work authorization. I do note that dependents working with an EAD in your family’s circumstances would be in violation of their H-4 statuses by virtue of their working. They would then be depending upon the status that they receive from the I-485 applications.

3.How Can My Boyfriend Get a Visa to Come Visit Me in the US?

My boyfriend and I met online 13 months ago I have never met him in person but we have had video chats, he wants to come here so we can get married, but we don’t know how to go about it.

Mr. Lee answers:
I will assume that you are a US citizen for purposes of your question. Under US law, a K-1 fiancé visa can be given to a foreign national where there is a bona fide relationship and the parties have met within the past two years. Rather than concentrating on having your boyfriend come here to visit, you should perhaps consider going and visiting him in his home country. If the fiancée visa is ultimately approved and he enters the US, you would have to marry within 90 days of his entry.