Ok, so this is what is happening. I met this guy last December that was here on student Visa from Haiti.. I fell in love with him, and I want to marry him, but religious beliefs make it so I can not marry him for at least another year.. He moved to another state to live with his family while we wait, but his student visa is up now, so it is either we get married (which with the year thing and the fact that he doesn't have a job, and I don't have as good as one as it would take to have a family) or he goes back to Haiti.. Is there anyway around either of these situations? He has been seeing an immigration lawyer for the last 7 months to try and figure things out. I don't at all understand the whole immigration law thing, so I am having a hard time helping out there.. Supposedly he submitted to get his work visa and he should have that next week, but he said he only has until February to get things in order. That is not enough time. HELP!! :confused:

1. To switch from student visa to work visa takes at least 6 months plus H-1B application can be submitted once a year only (April). I don't think he could make it because if he overstays his visa, he would be ineligible for any employment based visa.

2. If he has seen immigration lawyer during the past 7 months, he should have an idea on what to do and when to do it.

3. Religious belief he claimed sounds phony to me... he must have other alternative.

Don't rush with this guy.. he might desperately marry you because he wants green card.

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Originally Posted by lawanwadee

1. To switch from student visa to work visa takes at least 6 months plus H-1B application can be submitted once a year only (April). I don't think he could make it because if he overstays his visa, he would be ineligible for any employment based visa.

2. If he has seen immigration lawyer during the past 7 months, he should have an idea on what to do and when to do it.

3. Religious belief he claimed sounds phony to me.... he must have other alternative.

Don't rush with this guy.. he might desperately marry you because he wants greencard.

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The religious belief is mine. If it wasn't for that we would be married already..

I have had the "is this only to get your greencard talk" with him so many times. If we had it his way we wouldn't get married until he was able to get it some other way. He doesn't want me going through life thinking that "the greencard" is all he wanted. This is really love.

So if he did submit in April. Could it just we now that he would be able to actually get his actual work permit? Because I think he did submit around then sometime. I haven't actually seen him sense March.

So you are not really dating... perhaps live in different cities/states?
If so... better have an immigration attorney to help with this issue as it's likely that USCIS will see this case as a sham marriage.

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Originally Posted by lawanwadee

So you are not really dating... perhaps live in different cities/states?
If so.......... better have an immigration attorney to help with this issue as it's likely that USCIS will see this case as a sham marriage.

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OH WOW I never thought of that.. Yes we live in separate states at this time. I can't afford to lose my job and go to him and he can't afford to not live with his family at this time.
I am still so completely lost as what to do, but thanks for the help..

You should discuss this matter with immigration attorney before you decide to marry him. You need to know if you meet the eligibility of green card sponsor or not, your income, proof of relationship, etc.

Do not marry him and apply a green card for him if you live in different states/cities. Not only you lose $$ for the fees, but it will tarnish your record as well. Recently in one case, immigration officer asked to see the couple's house keys at the interview, and bingo! They live in different cities.. different houses.. end of story.

Quote:

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Originally Posted by lawanwadee

You should discuss this matter with immigration attorney before you decide to marry him. You need to know if you meet the eligibility of greencard sponsor or not, your income, proof of relationship, etc.

Do not marry him and apply a greencard for him if you live in different states/cities. Not only you lose $$ for the fees, but it will tarnish your record as well. Recently in one case, immigration officer asked to see the couple's house keys at the interview, and bingo! They live in different cities.. different houses.. end of story.

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Oh no. When we get married we will be living together, but not until we do get married.

So I hear that once you do get married it takes up to years to finally get a green card. Is this true?

It depends on a few factors, what state you are in, etc. Normally it takes between 7-9 months.

But can he still work?