Confused about certain things

[abhijitw]

Hello !

I am currently in US on F1 OPT status. Due to rejection of H1B, I would have to leave the country in Feb-2014. However, as me and my fiance knew that there is a real difficulty in getting back on Immigrant visa (thats what I have read) we decided to get married in Dec (I am getting married in a couple of DAYS !!!!). We are going to process all our papers on record time and get them sent.

Male Nationality (mine) - Indian
Female Nationality (Fiance) - American Citizen - born here.

I am currently working with a very huge Oil and Gas company and am going to sent off to Singapore in Feb. When I spoke to the HR and my managers and explained the whole situation to them, they understood and they said that they are going to give me a leave of absence for around 2 months by which time I should have my EAD again (that is in Mar-April). Then they will reinstate me back to my position (which is a pretty well paid job i should say).

My Questions :
1. If I am out of the employment how much will it affect the process ?
2. Will it be necessary for me to go out of the country any chance (my legal visa on my passport says that I can be here till Dec. 2015)
3. Is it possible to get my EAD till Mar-April if I apply in December itself ?
4. Known my fiance for around 3 years now. how difficult will the interview be for this scene ? Will they doubt the intent ?
5. Do you think it is a good idea for me to stay and do the process or go to Singapore and come back ?

Please Please help me ! I really need your help here !

Thanks
A

[rayb]

My advice is to marry soon as possible, plan on an Adjustment of Status coupled with an immigrant petition, and do not leave the country during the period of time before you get the Advance Parole, which is part of the Adjustment procedure, about 2-1/2 months.

-Ray B

Hello !

I am currently in US on F1 OPT status. Due to rejection of H1B, I would have to leave the country in Feb-2014. However, as me and my fiance knew that there is a real difficulty in getting back on Immigrant visa (thats what I have read) we decided to get married in Dec (I am getting married in a couple of DAYS !!!!). We are going to process all our papers on record time and get them sent.

Male Nationality (mine) - Indian
Female Nationality (Fiance) - American Citizen - born here.

I am currently working with a very huge Oil and Gas company and am going to sent off to Singapore in Feb. When I spoke to the HR and my managers and explained the whole situation to them, they understood and they said that they are going to give me a leave of absence for around 2 months by which time I should have my EAD again (that is in Mar-April). Then they will reinstate me back to my position (which is a pretty well paid job i should say).

My Questions :
1. If I am out of the employment how much will it affect the process ?
2. Will it be necessary for me to go out of the country any chance (my legal visa on my passport says that I can be here till Dec. 2015)
3. Is it possible to get my EAD till Mar-April if I apply in December itself ?
4. Known my fiance for around 3 years now. how difficult will the interview be for this scene ? Will they doubt the intent ?
5. Do you think it is a good idea for me to stay and do the process or go to Singapore and come back ?

Please Please help me ! I really need your help here !

Thanks
A

[abhijitw]

My advice is to marry soon as possible, plan on an Adjustment of Status coupled with an immigrant petition, and do not leave the country during the period of time before you get the Advance Parole, which is part of the Adjustment procedure, about 2-1/2 months.

-Ray B

Thank you Ray B !!

1. Will my not being working affect the Affidavit of Support as she is still a student and has no source of income.
2. Also, after I get my EAD card from the AOS process, will it be valid even if I dont have the visa done yet ? (I mean, can I start working again ?)

[rayb]

Abhijitw,

Your wife will still be the primary sponsor (even without income), since she is the petitioner. But you will need a co-sponsor to also complete an I-864 package to make this work.

--Ray B

Thank you Ray B !!

1. Will my not being working affect the Affidavit of Support as she is still a student and has no source of income.
2. Also, after I get my EAD card from the AOS process, will it be valid even if I dont have the visa done yet ? (I mean, can I start working again ?)

[abhijitw]

Thanks again, kind Sir ! You are really helping me out !

I will definitely have her as the primary sponsor. Will my income be counted in the affidavit of support ?

I really am grateful to you for all the answers

[rayb]

You are not the primary sponsor, and your income wouldn't meet the sponsorship requirements, so no point in showing yourself as a sponsor. Your wife, however, still has to be the primary sponsor, but her income won't be used to sponsor you.

--Ray B

Thanks again, kind Sir ! You are really helping me out !

I will definitely have her as the primary sponsor. Will my income be counted in the affidavit of support ?

I really am grateful to you for all the answers

[mblessed2004]

please help

I am about to start my process and i am confused with this sponsor thing, So the only income that will count is my spouse correct? If he is the one applying for me? And if he makes a reasonable amount of money do we still need another sponsor? do i need to send paycheck and tax refunds to show that i work and make good money?
Thank you so much for all the help

[rayb]

If you are not in the U.S., or are in the U.S. and not eligible to work legally, your petitioner (husband?) is the primary sponsor. If he lack sufficient income proof (about $19,000 for both of you), then you need a co-sponsor.

--Ray B

I am about to start my process and i am confused with this sponsor thing, So the only income that will count is my spouse correct? If he is the one applying for me? And if he makes a reasonable amount of money do we still need another sponsor? do i need to send paycheck and tax refunds to show that i work and make good money?
Thank you so much for all the help