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Posted on 26 Dec 2008
Q.

Marriage with Fiancee from Visa Waiver Country with my 485 pendi

My 485 has been pending since July 07, I have H1-B which expires in 2010.My fiancee is from Switzerland and visits me on the visa waiver program. If we marry before my GC gets approved how do we file his 485, since my understanding is that under Visa Waiver he can't change his status. Does he need to get a H-4 first??? If yes how do we file for it? Does he have to go back to Switzerland first, then I file for his H-4 Visa here in U.S.? Or does he have to apply at the American embassy in his country himself and re-enter the U.S. on H-4??? Thanks in advance!!!!

User's Location: Los Angeles, California, United States of America
Category: Employment-based Green Card
Posted on 27 Dec 2008
A.
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James R. Mayock
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111

www.emvisa.com

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