My bf, is here on a H-1B visa, but has been unemployed for several months?

He has tried his hardest to find work, but with the economy the way it is, he has not found a job. We want to get married in April...and then change his status. The problem is he has to travel to India in January 2010, because of some family problems back home. We were advised that we should wait to marry. Simply because he is out of status if he is not employed and this would make it difficult, for us to change his status. A friend of us advised us that when he goes back to India, just apply for a fiance visa, have him come back here and marry. Do you think this would be easier, or should we get married here, have him go back to India without starting the process of change of status? Then I just petition him as a spouse to come to the US? We love each other very much and would want to take the shortest alternative. If you can please advice us, we would greatly appreciate, all the advice. Thanks.
Additional Details
Thanks for the advice "straight", but moving to India is not an alternative, otherwise I would of written it down. I am a US citizen and wish not to live there, visit yeah, but My life is here, work and family. So, therefore.. moving to India is not it.

George L

Well, if your primary concern is taking the shortest route, that certainly won't be by going through India, either as a fiance with a K-1 or an immigrant spouse as CR-1. either will take a year or more once you've actually filed. Plus, if he goes back home in January, he would be out of status for at least 6 months, perhaps over a year depending on when he entered and how long he's been out of work. In that case, he'd be ineligible to get a visa due to his overstay, if he isn't already. He could certainly apply for a waiver, and would probably get it, but that would add more expenses, and up to an additional 6 months of processing time for the waiver alone. So, I don't think that would necessarily be easier. but it could be done. If you did marry now and filed all the paperwork, per the previous advice, your husband would have to get Advance Parole. Otherwise, he wouldn't be able to return without an immigrant visa. So, you have a lot to consider. Take a look at www.uscis.gov for more information and forms. be sure to look up the I-485 and read through the instruction sheet very carefully. lots of important information there for you.

Ida Slapter

I think that is your only choice - the job situation is just going to get worse.

But I would wait years for marriage - he might be using you to get citizenship.

How odd that you would know his family will have problems a year from now.

MadMan

He is currently in the US illegally. This will make his status adjustment more difficult. He needs to see a laway asap. Leaving the US will probably mean that he will not get bacck in and could be banned for overstaying.

â‚¬uralalya

I'm not sure who advised you to wait to get married, but if you want to get married in April (this April? 2009?), you can petition for his conditional residency and his status will be reinforced due to his marriage with a citizen (by filing the I-130, Petition for Alien Relative, and the I-485, Petition to Adjust Status). However, the only thing to keep in mind, after you file the petition, it can take some time for an interview with the USCIS (which ultimately allows him to obtain his residency conditional on the marriage), and in the meantime, he will have to file several documents to grant him the allowance to work (I-765), attend school and travel. It would be best to contact the USCIS, via email or phone, and ask the appropriate questions to your case. But, if anything, I think the BEST thing to do and surest way to ensure he stays in the US is to marry him.

vodarevu 1944

Marrying him now would be better option for him to get all the legal papers sorted out. If he goes now to India then his chances for him to come back to USA will be slim
Again how long is he going to be unemployed?? who is going to support him and of course any children in future?? Think all these before you get married

Nan

well,, why dont we just have an American citizen train him to take their job, and he can replace them

It's more important that we give everyone in India 'The American Dream', than for an American citizen to survive

Straight is Great!

Move to India with him.

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