1. My Husband Moves Out After Filing I-485 for Employer Sponsored Green Card – Will I Still be Eligible As His Wife If Legally Married But Different Homes?
I am concerned about needing to go to a green card interview as a married couple if the credit report shows a new lease? He claims provided we are legally married it is ok if he moves out BEFORE we receive green cards? We have been married for 17years & previously held a green card before moving out of US for 6yrs. We now have E3 / E3D visas. We have two children under 9 who are also on the application. I don’t want his lease / moving out to make me ineligible for spouse green card.
Mr. Lee answers:
Yours is not a marriage based petition case, and as long as your husband continues to support your immigration application, I would assume that you will obtain your permanent residence. I will also assume that the move is in the same immigration office jurisdiction as local field offices of USCIS may not wish to adjudicate applications of persons residing outside their jurisdiction. The fact that you already have two children nullifies any suspicion of a non-bona fide marriage. Separate addresses would appear to be more of a concern where a US citizen or permanent resident has married and is petitioning for the spouse, or where the principal in an employment base case has a recent marriage. A difficulty may be coordinating between yourselves to attend an immigration interview together if you both filed I-485 adjustment of status applications together as USCIS is now interviewing all employment based case beneficiaries.
2. H1-B Extension With Approved I-485 Employment Authorization Document
Although my I 485 EAD and AP is approved, I still want to maintain and continue to be on H1-B visa, till the time my green card priority dates become current. The reason to maintain H-1 Visa status : If for whatever unforeseen reason there is any issues in my green card processing, I need a fall back plan that can let me stay in US and work, that’s only H1 Visa. Also my priority date is 31st Oct 2010 from India and the dates are not moving fast enough every month. Need a professional advise if this is the right approach or if there is something else I should be doing for me(H1B) and my wife(H4).
Mr. Lee answers:
Many H1B holders are faced with the same question as you, and many choose your fallback plan. This appears to be the right approach for the sake of security. Of course, as you know, many take the other course with the EAD and advance parole.
3. My Boyfriend and I Are Getting Married Soon I’m Illegal He Wants to Get My Immigration Status Fix
I came with a visa when I was younger it expired and I stayed here would that be an issue for my immigration process?
Mr. Lee answers:
As long as the visa on which you came to the US was valid, your overstay should not affect your having your immigration status fixed as long as your boyfriend is a US citizen. The status of being the spouse of a US citizen forgives the immigration violation of an overstay.
