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    sytan3's Avatar
    sytan3 Posts: 3, Reputation: 1
    New Member
     
    #1

    Sep 1, 2008, 04:24 PM
    Urgent: Married citizen and apply green card, H1-B status
    HI,

    Thanks for your attention. I just married a citizen recently and my H1-B visa will expired at the end of Sept 2008. While I'm applying the green card, do I need to renew my H1-B visa? Do you know can I still continue to work with my company?

    Also, for the form I-864 affidavit of support to apply green card, he didn't work right now and probably couldn't show proof to support me. I work but less than 40 credits from SSA. He lives with his friend now, so no other sponsor's support. So, I'm not sure other ways to show proof. Do you have any suggestions?

    Thanks for your support! Tiffany
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
     
    #2

    Sep 1, 2008, 05:41 PM
    If his income does not meet the requirements, he can use joint sponsor for I-864. Both your husband and his sponsor would need to submit copies of tax return of 3 years back.

    If you are not certain that he would be eligible to sponsor green card for you, maintain your H-1B until your I-485 is approved. Please note that not all American citizens are eligible to sponsor alien spouse...
    sytan3's Avatar
    sytan3 Posts: 3, Reputation: 1
    New Member
     
    #3

    Sep 4, 2008, 09:25 AM
    Quote Originally Posted by sytan3
    HI,

    Thanks for your attention. I just married a citizen recently and my H1-B visa will expired at the end of Sept 2008. While I'm applying the green card, do I need to renew my H1-B visa? Do you know can I still continue to work with my company?

    Also, for the form I-864 affidavit of support to apply green card, he didn't work right now and probably coudn't show proof to support me. I work but less than 40 credits from SSA. He lives with his friend now, so no other sponsor's support. So, I'm not sure other ways to show proof. Do you have any suggestions?

    Thanks for your support! Tiffany
    Thanks for the answer. For the co-sponsor(ex his mom), does the person needs to live on the same address as my husband or can live else where?

    If I apply and process green card now, is it mean I don't need to renew my H-1 visa?

    If I need to renew H-1, is it just need the I-129 form or any others? Do I still need to pay the $750 fees for small company? Thanks!
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
     
    #4

    Sep 4, 2008, 07:59 PM
    Your sponsor and joint sponsor don't need to be at the same address.. could be anyone in the family.

    This is somewhat risky situation, if you are 100% certain that you will get your green card in 6 months, you may not need to maintain H-1B. If you choose not to file extension of H-1B, you will be out of status but it's OK as you are in process of adjustment of status. However, if you stumble on some issues with USCIS and your case is delayed, you may be in trouble when you want to renew your EAD, driver's license, etc.

    From information given, if I were you, I will maintain H-1B until I get the green card.

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