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Hello everybody, I just want to keep the board posted on my case, we have not filed for my I-130/485/765 yet due to the medical result (I'm still waiting for it. They promised me that I'll get it this Friday(hopefully). I had a job interview with a major hospital here in Sacramento, CA last Monday (6/21/04). I will definitely leave my present employer if I get this new job. My question is, does anybody know if I will be exempted from the VIsa screen requirement 'coz I'm married to a USC? Just a little background on my case. I-140 approved June 15,2002, I-485 pending receipt date July 12,2002, I have renewed my EAD 2x already latest one will expire March 4,2005. I got married to a USC last year June 7,2003 and we already have a baby together. If I'm married to a USC and have a pending employment based AOS, and my husband has not filed anything for me yet, the date for my 485 is getting closer(with CA service center) and somebody told me that I don't need the Visa screen requirment 'coz I married a USC. If CIS asked for that specific requirement can I just tell them that my husband is a USC and they will excempt me from the requirement, any truth to this? Does being married to a USC supercedes any requirement that you need from your profession if you have a pending EB-AOS? I have spoken to 2 lawyers already and I even paid them both but I did not get any specific answer.Any information will be greatly appreciated. Thanks in advance. God bless you all.
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Hello everybody, I just want to keep the board posted on my case, we have not filed for my I-130/485/765 yet due to the medical result (I'm still waiting for it. They promised me that I'll get it this Friday(hopefully). I had a job interview with a major hospital here in Sacramento, CA last Monday (6/21/04). I will definitely leave my present employer if I get this new job. My question is, does anybody know if I will be exempted from the VIsa screen requirement 'coz I'm married to a USC? Just a little background on my case. I-140 approved June 15,2002, I-485 pending receipt date July 12,2002, I have renewed my EAD 2x already latest one will expire March 4,2005. I got married to a USC last year June 7,2003 and we already have a baby together. If I'm married to a USC and have a pending employment based AOS, and my husband has not filed anything for me yet, the date for my 485 is getting closer(with CA service center) and somebody told me that I don't need the Visa screen requirment 'coz I married a USC. If CIS asked for that specific requirement can I just tell them that my husband is a USC and they will excempt me from the requirement, any truth to this? Does being married to a USC supercedes any requirement that you need from your profession if you have a pending EB-AOS? I have spoken to 2 lawyers already and I even paid them both but I did not get any specific answer.Any information will be greatly appreciated. Thanks in advance. God bless you all. -
Hi,
You will need your visa screen if you continue with your employment based greencard application. UNLESS you filed a new adjustment of status based on your marriage to the USC.Comment
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Be very wary about changing your AOS to a marriaged bases application (I know that is not what you are asking about but I'll offer the adviuce anyway...)
If your employment based AOS gets messed up in the future, you can always refile an AOS based on your marriage. Perhaps that marriage will be over two years at that point allowing you to skip the entire I-751 process... Besides, many of us fell in love, got married and filed an AOS that way. Then if the marriage fails, then you find yourslef in a very bad situation...
But, as I mentioned, that has nothing to do with your question - just offering my advice...
ARQUComment
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Thanks Passingby and Arqu for the advice, I really thought that I need that requirement 'coz my AOS is based on employment. The thing is, the one whose handling my case with CIS screwed up with my visa screen application, he let 2 of my English tests expire due to lack of follow up, he has all my paper works that's why I can't follow it up myself. He used to be the Director of Nursing of my present employer, so I'm thinking that this is one of their delaying tactics to keep me from resigning. I'm just getting tired with all of their tactics, that's why my husband will file petition for me at least I won't have to stick with the same employer(but I think I can leave employer already 'coz my 485 has been pending for more than 180 days). I'm really willling to wait for my EB-AOS but if I still need to apply for a visa screen and take 2 more tests I'd rather wait for my husband's petition (taking these tests will require efforts,time and more money), anyway our marriage is not a fraudulent one. We are enjoying our lives together with our little one and plan of having 2 more in the next couple of years. Thanks again to both of you, and Congrats Arqu. Have a great day to both of you. God bless.Comment
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