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i really need some help with my situation. hard to consult with external lawyers right now as i just got back to work after being out of the US for 3 months following running out of my first 6 years of h1b period.
right now, my 7th h1b year (from extension) will be ending on 12/31/2014. my labor certification is still pending after the audit (priority date on 12/28/2012). i know that if that gets denied, i may have to leave the US again this Dec if i can't get a new PERM and I-140 approved within this time, and for a year if i can return to the US at all. i have explained all that to my US citizen bf (we just got engaged upon my return to the US last month), and he's still wanting to do the wedding next year since he wants to get a job first.
the thing is, he has not had a fulltime job since 2008 when he took on full-time nanny duties for his military friend who just retired last Dec. he's over 55 too and not exactly in the best of health either, so i doubt he would find a job within this year, even if at all in the next few years. i have been the only one with full-time job between the two of us, and he doesn't have a single penny to his name (he was previously divorced). the thing is, if he does still want to keep me here in the US if the labor certification gets denied (and my extension runs out before i could even get an i140), what would be the best option for the two of us for me to stay in the US or not staying out of US for a year? leave the US and for him to file a fiancee visa for me? marry me as soon as we know the labor certification is denied then file for the green card ourselves? i dont know the timetable of getting the GC for spouses now. i heard it's now getting to the 8-month point, though i've heard 3 months with some of my friends.
i know you all are gonna be curious about my relationship status (may sound fishy to some of you), but i request that my post be taken at face value.
i know you all are gonna be curious about my relationship status (may sound fishy to some of you) ...
So true. Very.
Maybe I'm wrong but I think it will be very difficult (if not impossible) for your boyfriend to sponsor you for a K1 visa as there's obviously no way he can support you financially and this is taken into consideration. I think you might also come under greater than usual scrutiny because of your current visa status and the many renewals.
You can't continue the GC process with a student visa. They are not dual intent. She would be buying time for what? to get married? She could do that already. And yes, red flags all over. Of course I'm not talking about people but USCIS.
You can't continue the GC process with a student visa. They are not dual intent. She would be buying time for what? to get married? She could do that already. And yes, red flags all over. Of course I'm not talking about people but USCIS.
I have seen F-1 visas getting converted to Green card in many cases. A friend of mine used to work in International Student office at Texas A & M and I remember him telling me that every month 5-6 such cases are there-mostly girls from South America and China get married to US citizen and change the status. I have seen people entering US on student visa while their husband is in US on green card. For them fiancee visa is difficult to get. Anyways I agree that something doesnt seem to be right as they can get married now only.
You get the GC only because you married the citizen, not due to the F1 visa. Students visas only extend time in the US but if the OP uses one of them, her H1B is no longer valid and her immigration process ends there since labor cert wasn't approved. What would be the point? Give more time to her BF to decide if he wants to marry her next year?
If the US immigration stystem wasn't so ridiculous she wouldn't be asking these questions. If I was in her situation (lived in the US for 7 years and paid US taxes and SS (which won't count towards anything after only 6 years) probably working in a Masters level position for a US company and with an American BF (who she supports financially!) then I would look for someone to marry too. Either that or get out.
If the US immigration stystem wasn't so ridiculous she wouldn't be asking these questions. If I was in her situation (lived in the US for 7 years and paid US taxes and SS (which won't count towards anything after only 6 years) probably working in a Masters level position for a US company and with an American BF (who she supports financially!) then I would look for someone to marry too. Either that or get out.
The UK has the same requirements of foreign visa holders.
The UK has the same requirements of foreign visa holders.
The OP said
my labor certification is still pending after the audit (priority date on 12/28/2012). i know that if that gets denied, i may have to leave the US again this Dec if i can't get a new PERM and I-140 approved within this time, and for a year if i can return to the US at all.
The US is happy for Masters prepared foreigners to work for many years paying taxes and SS contributions etc but the ludicrous inefficiency of the process puts people through hell. Why did they set up an electronic application system whereby it's not possible to submit any supporting evidence (eg info regarding applicants) and then decide to audit so many applications, and why does it take so long for the audits. Because the system is useless.
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