Marriage in December/on work visa

[Soniya9]

I am getting married to an American Citizen in December. The wedding is in India. I am currently on work visa and haven't stamped my visa as yet. Families are ready to do a court marriage here before, I leave to India for the wedding. Would that work out ok as far as travelling back and forth to India or would I have to get my H1 stamped anyways?

Please help!!!!!!

[curiousone]

If you file the I-130 and I-485 before you leave for India, you can apply for AP which will allow you to reenter. As a H I B you wouldnt need it ordinarily but since the visa is not stamped in your passport, youlll need to go to the Embassy before you reenter.

[Soniya9]

If you file the I-130 and I-485 before you leave for India, you can apply for AP which will allow you to reenter. As a H I B you wouldnt need it ordinarily but since the visa is not stamped in your passport, youlll need to go to the Embassy before you reenter.

How long does this process take to file for I-130 and I-485 from the date of the court marriage? and what is an AP? And would I need to see an embassy in India? Or would it work if I saw an embassy in Canada before I leave?

[curiousone]

How long does this process take to file for I-130 and I-485 from the date of the court marriage? and what is an AP? And would I need to see an embassy in India? Or would it work if I saw an embassy in Canada before I leave?

Post the Embassy question under HI Visas. Unfortunately I'm not familiar with how applying to a third country for consular processing works.
An AP is Advance Parole, a document you apply for and obtain prior to leaving the US when you have a I-485 pending ( departure from the US represents an abndonment of a pending I-485, except in certain circumstances like having a H-I B Visa)
You can apply for I-485, I-130 and AP (I-131)the day after you get your marriage certificate.

[Soniya9]

If you file the I-130 and I-485 before you leave for India, you can apply for AP which will allow you to reenter. As a H I B you wouldnt need it ordinarily but since the visa is not stamped in your passport, youlll need to go to the Embassy before you reenter.

Thanks

Also,If I am leaving for India in November, when would I need to file for my I-130 and I -485 so I provide ample time to receive m AP? Also, can I see the embassy in Canada or do I have to see the embassy in India?

[Soniya9]

Post the Embassy question under HI Visas. Unfortunately I'm not familiar with how applying to a third country for consular processing works.
An AP is Advance Parole, a document you apply for and obtain prior to leaving the US when you have a I-485 pending ( departure from the US represents an abndonment of a pending I-485, except in certain circumstances like having a H-I B Visa)
You can apply for I-485, I-130 and AP (I-131)the day after you get your marriage certificate.

Ok...that is helpful. But, here is to clarify my question further. I have my H-1 permit, I will not have the visa stamped on the day of the court marriage, and the day after will apply for I-485, I-130 and I-130 and I-131. I will travel to India in november then....would that be considered abandonment of my I-485.

My basic reasoning is I can stamp my H1 prior to leaving and return on the same visa and then do the court marriage on the return and apply for green card.

However, if I am spending all my time and money for stamping my H1, I might as well file for green card, by doing a court marriage before leaving for the wedding to India. But would that ensure a status on return?(not having H1 stamped and a pending application for green card.)

Also, if it takes less than 60 days to receive the green card from the date of the court marriage then would that ensure a status again?

I guess I am unclear as to why would I see the embassy in India after applying for a green card here. Would it be to get the green card stamped or to get the h1 stamped?

Please clarify.

Thanks

[curiousone]

Ok...that is helpful. But, here is to clarify my question further. I have my H-1 permit, I will not have the visa stamped on the day of the court marriage, and the day after will apply for I-485, I-130 and I-130 and I-131. I will travel to India in november then....would that be considered abandonment of my I-485.

My basic reasoning is I can stamp my H1 prior to leaving and return on the same visa and then do the court marriage on the return and apply for green card.

However, if I am spending all my time and money for stamping my H1, I might as well file for green card, by doing a court marriage before leaving for the wedding to India. But would that ensure a status on return?(not having H1 stamped and a pending application for green card.)

Also, if it takes less than 60 days to receive the green card from the date of the court marriage then would that ensure a status again?

I guess I am unclear as to why would I see the embassy in India after applying for a green card here. Would it be to get the green card stamped or to get the h1 stamped?

Please clarify.

Thanks

Your questions are many an drunning together but I'll try to sort them out as best as I can

1. It takes much longer than 60 days for the GC after marriage and filing.........at the minimum 5-6 months , more realistically 9-12 months.

2. if you do not have a visa like a H or L which allows for travel while a I-485 is pending then you must apply for and obtain AP before you travel

3. You do not have a H visa.........you have an approved petition which gives you H-1B status.

4. You would be seeing the Embassy to get your H stamped..........consider this: what if you file the I-485 (or not) don't apply for AP, go to India and are denied the H Visa?....how would you reenter the US?

My recom would be to once you get married here you file the I-130, I-485 and I-131 and skip the H process and reenter on your AP. You should give yourself a minimum of a clear 60 days between filing the AP and leaving.

Anyone with better information will post and either correct me or give add info.

[Soniya9]

Your questions are many an drunning together but I'll try to sort them out as best as I can

1. It takes much longer than 60 days for the GC after marriage and filing.........at the minimum 5-6 months , more realistically 9-12 months.

2. if you do not have a visa like a H or L which allows for travel while a I-485 is pending then you must apply for and obtain AP before you travel

3. You do not have a H visa.........you have an approved petition which gives you H-1B status.

4. You would be seeing the Embassy to get your H stamped..........consider this: what if you file the I-485 (or not) don't apply for AP, go to India and are denied the H Visa?....how would you reenter the US?

My recom would be to once you get married here you file the I-130, I-485 and I-131 and skip the H process and reenter on your AP. You should give yourself a minimum of a clear 60 days between filing the AP and leaving.

Anyone with better information will post and either correct me or give add info.

Thanks...this makes it clearer....2 things I would like to confirm

1. AP can be filed soon after the court marriage? that is if I get the court marriage done in August lets say 16, then I can file for AP on the 17th and then 60 days from that day will be able to travel to India with that pending application?

2. Is AP is good enough to travel back and re-enter even though the H1 is not stamped?

[curiousone]

Thanks...this makes it clearer....2 things I would like to confirm

1. AP can be filed soon after the court marriage? that is if I get the court marriage done in August lets say 16, then I can file for AP on the 17th and then 60 days from that day will be able to travel to India with that pending application?

2. Is AP is good enough to travel back and re-enter even though the H1 is not stamped?

Youre not understanding me as well as I had hoped.

You cannot file just an AP application............you must also have a I-485 pending. AP ensures that your departure does not have the effect of abandoning the I-485 ( immigration law says in a nutshell that if you have certain applications pending and you leave the US while its pending, then you automatically abandon that application) AP allows for multiple departures and reentry for one year

Again, you can file the I-130, I-131, I-765, I-485 as soon as you have marriage certificate

I said to give yourself at the minimum a clear 60 days because thts what it usually takes to get an approved AP. The AP should be approved and in your hand before you leave

If you have an AP then you don't need a stamped H-1 B visa or vice versa. I recommend the AP because its cheaper and less hassle and you dont run the risk of a denial. I don't see why you would need both but if anyone knows otherwise I'm sure they will advise you

[Soniya9]

Youre not understanding me as well as I had hoped.

You cannot file just an AP application............you must also have a I-485 pending. AP ensures that your departure does not have the effect of abandoning the I-485 ( immigration law says in a nutshell that if you have certain applications pending and you leave the US while its pending, then you automatically abandon that application) AP allows for multiple departures and reentry for one year

Again, you can file the I-130, I-131, I-765, I-485 as soon as you have marriage certificate

I said to give yourself at the minimum a clear 60 days because thts what it usually takes to get an approved AP. The AP should be approved and in your hand before you leave

If you have an AP then you don't need a stamped H-1 B visa or vice versa. I recommend the AP because its cheaper and less hassle and you dont run the risk of a denial. I don't see why you would need both but if anyone knows otherwise I'm sure they will advise you

I am sorry about all these questions....... I am understanding the proces better now.

Lastly, Would I have to use a lawyer to file all the paper work or can my fiance/husband do it on his own?

Thanks

Shilpa

[curiousone]

I am sorry about all these questions....... I am understanding the proces better now.

Lastly, Would I have to use a lawyer to file all the paper work or can my fiance/husband do it on his own?

Thanks

Shilpa

You can do it on your own.........be sure to photocopy EVERYTHING and send by certified mail

[Soniya9]

Thank You

Thank you very much............I appreciate all your help.