Question regarding K visa

[gagan1182]

hi

i went to india recently and got married to my wife who is a US citizen.

i am on h1b visa, and entered US on H1 visa itself.

now immediately after entering US, i lost my job. no other company is ready to transfer H1 without a project and i am left with only 2 more weeks. so i am at risk.....

what should i do to maintain my status(and work) in US till the time I get my green card ? can i apply for K visa while i am in US, and start working ?

thanks,
deep

[nichole]

Since you're already in the US, you don't need a visa to get in. Just don't leave until you get a green card. Apply immediately for adjustment of status based on your marriage to a US citizen. She files the I-130 (same document as a K3 visa) along with all the documentation (G-325A, birth certificates, proofs of marriage etc) that go with a separate I-130 submission. AND you file the Adjustment of Status documents--I485 (AOS), I-131 (travel document), and I-765 (Employment Authorization Document.) All of this goes together in the same envelope. READ the instructions carefully for all the documents because there's alot of supporting documents or translations needed for the I-130 part and the AOS part including immunizations and a medical exam by a civil surgeon who fills out an I-693 form that goes with the initial mailing.

Mail everything to the Chicago Lockbox address given in the instructions to the I-485 (AOS) application.

Do not work as you are no longer authorized. Your EAD should get approved in 30-90 days. Then you can work with that card.

Your status is protected to remain in the US when you have submitted the AOS application while you await a decision. Hurry up and get it done. There's lots of material to gather. Your filing is refered to as:
Immediate Relative (Spouse) Family Based Adjustment of Status Application with a concurrent I-130 filing