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  1. #1
    cornell is offline Newbie 510 points
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    EAD,GC,H1, what's best for me?

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    Hi guys! Im new here. Ur site is very informative. I am currently on a B1 visa here in the US and my fiancee is an American citizen. I'm also going to take my step 3 this october. If we get married in october, will I b able to change my status and get an EAD in time for the 2007 match? or do u advise that i wait for a year, for the 2008 match, so that i'll hav my green card by then? i dont like the hassles of j1.

  2. #2
    Venus is offline Member 510 points
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    I would advise that you go ahead and apply for the 2007 match.
    Don't wait until 2008! It's a waste of a whole year!

    If you get married to a citizen and your case goes smoothly you should get your GC within 4-6 months after applying for it.
    Remember - you don't need to hold a GC or a work permit in hand for the match. You need it to start your residency. So as long as you have your EAD before July 2007 you're all set.

  3. #3
    Venus is offline Member 510 points
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    P.S. Once you apply for adjustment of status through marriage to a USC the USCIS has 90 days to give you a work permit. If they don't then you are eligible for a temporary permit until they process your application.

  4. #4
    cornell is offline Newbie 510 points
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    Thank u very much Venus! That's very enlightening. I'm going to proceed already with the 2007 match.

    i got here 1st week of August, if I get married on the last week of this month instead of October, will that affect my GC application? Will the people in the immigration find that quite fast and fraudulent and reject my application?

  5. #5
    stookie is offline Elite Member 510 points
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    Quote Originally Posted by cornell
    Thank u very much Venus! That's very enlightening. I'm going to proceed already with the 2007 match.

    i got here 1st week of August, if I get married on the last week of this month instead of October, will that affect my GC application? Will the people in the immigration find that quite fast and fraudulent and reject my application?
    It might raise an eyebrow or two. If I were you I would get married earlier because most people believe that you get your GC in 4-6 months but in reality it could take a very long time. (I know someone who waited for 8 years to get their GC, from the time they got married and filed for it. Their file was just brushed aside even thought everything went smoothly.)
    You need to be prepared if you have to wait. An EAD is what you would need to hold you over, but it takes about 3 months to get after the initial paperwork is approved. Contact a lawyer for your options, because they know the system better.

  6. #6
    cornell is offline Newbie 510 points
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    Thank you Venus and Stookie!!

    Thank u very much to the both of you!! Love this forum!

  7. #7
    Venus is offline Member 510 points
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    Personally I don't think I will make a big difference to INS if you get married now or in a month. I got married 3 weeks after getting to the States. The main question is how long you and your fiance have known each other. If you can prove that you've know each other for some time before getting married you're in good shape.
    When it comes to waiting for a GC just like it's mentioned in the post above - it might take 4 months or 8 years - it all luck in a sense.
    But as long as you have a work permit you can start your residency. And like I said - it should take INS no more than 90 days from filing I-765 to issue an EAD. Good luck!

  8. #8
    dsheen88 is offline Newbie 510 points
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    clarification...

    Hi Cornell,

    If you came into U.S. with a B-1 visa...and gets married and file for your P.R. (adjusment of status application) in less than 60 days...you have to beware of "visa fraud" issue. The CIS officer (no more "INS" by the way) will likely to raise the issue whether you came into this country with the "preconceived intent" to get married. In other words, you have used improper visa to gain entry into U.S. because B-1 is a non-immigrant visa. That is the reason why some cases could take up "8 year" to adjudicate or even facing denial of their application at the end. It is a separate issue from proving your marriage relationship is real (bona fide) or not. Therefore, it does not matter "how long you have known your spouse." It is best to consult with an experienced immigration lawyer before you take any action base on misleading "advise" from others. Each case is unique, you simply can't assume everyone will be as luck (no offense to V here=). Murphy's law...always anticipate the worst that could ahppen and have back up plans.

    I hope this will clear things up!

    For more info regarding immigration related issues please feel free to to check out my blog at Immigration Update updated daily!
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    D.Sheen, JD (U.S. Immigration Attorney)

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