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If I marry, would I lose the I-130 sponsorship and not just the priority date?

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  • If I marry, would I lose the I-130 sponsorship and not just the priority date?

    My greencard father petitioned me as an unmarried son (over 21) last August 2005. I am here in the US holding an h1b visa, but very shaky. I have 2 questions:

    1. If I marry, would I lose the sponsorship since my father is only a greencard holder and not a US citizen? I know my priority would change from F2 to F3. Hopefully I won't lose the sponsorhip. My future wife holds a b1/b2 visa so she go in and out.

    2. If my h1b visa expires and not renewed, can I wait for the I-130 approval up to AOS here in the US even if it takes over 10 years or I would be considered out of status therefore cannot change status? Is there a possibility that while waiting I can ask for a work permit or something like a work authorization? I am asking this because a lawyer said this is possible, but I seriously doubt it.

    I appreciate any inputs.
    Thanks.

  • #2
    My greencard father petitioned me as an unmarried son (over 21) last August 2005. I am here in the US holding an h1b visa, but very shaky. I have 2 questions:

    1. If I marry, would I lose the sponsorship since my father is only a greencard holder and not a US citizen? I know my priority would change from F2 to F3. Hopefully I won't lose the sponsorhip. My future wife holds a b1/b2 visa so she go in and out.

    2. If my h1b visa expires and not renewed, can I wait for the I-130 approval up to AOS here in the US even if it takes over 10 years or I would be considered out of status therefore cannot change status? Is there a possibility that while waiting I can ask for a work permit or something like a work authorization? I am asking this because a lawyer said this is possible, but I seriously doubt it.

    I appreciate any inputs.
    Thanks.

    Comment


    • #3
      1.Since you are under FB2B, you will lose your petition and priority date if you get married.

      2. You must maintain your legal status in the U.S. Otherwise you will bar for 3-10 years. You will not grant EAD until your priority date becomes current and I-485 is filed.

      3. If two pending immigratioin bills do not pass next year, you need to have an exit plan.

      Comment


      • #4
        Thanks familybased.

        You mentioned about EAD, If I am out of US can I apply for EAD and wait for the adjustment of status there.

        Thanks.

        Comment


        • #5
          Don't get married until u get ur greencard

          Comment


          • #6
            Would I be able to apply for EAD while outside US and processing AOS? Thanks.

            Comment

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