My fiance and I are both on H1B visa. We are getting married soon, and he is filing I-485 employment based when the priority day becomes current, and I should be able to file the AOS as a derivative beneficiary.
Am I required to submit the same documents as the primary beneficiary? Would I submit the job offer letter etc. because I am on H1B although my employer is not sponsoring the green card?
Lawsuit / Dispute Attorney
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You need to demonstrate that you are maintaining nonimmigrant status, that you are admissible to the US and that you are his wife. Please see
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
You need to read the form and instructions carefully. If you are still not clear what should be submitted schedule a consultation with an experienced immigration attorney.
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You do not need to submit a job offer letter because you are going to apply as his derivative. You need to submit proof of your status, proof of your relationship to your spouse, medical exam, proof of bona fide marriage (if you had married recently USCIS will require you to show that your marriage is bona fide even though you are applying through employment), and all the documents listed on the application form. It will be best to consult an attorney to make sure that everything is properly documented. Also, maintain your H-1B status until you receive your permanent residence, if you can. Priority dates progress and retrogress, so if your adjustment is rejected for some reason, and the priority date retrogresses, you need to have a valid nonimmigrant status to avoid accruing unlawful presence.
This answer provides general information and should not be considered legal advise giving rise to attorney-client relationship.
Criminal Defense Attorney
You appear to be concerned about your lawful stay in the United States and wish to remain in the country legally. If that is in fact correct, delegate any of your issues to the counsel of record, as legally appropriate in this situation.
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