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  #1  
Old 11-10-2008, 07:05 PM
Ishtar Ishtar is offline
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Default Can I legally wait for my green card in the US

I've got an employer in the US that wants to get a Labor Certificate and apply for a green card on my behalf.
Is it possible for me to travel to the US on a tourist visa and then there apply for the green card?
Will I be allowed to stay until my application is either approved or rejected?

Thanks,

Ishtar
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  #2  
Old 11-10-2008, 07:13 PM
yagw yagw is offline
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[ deleted ]

Last edited by yagw; 11-10-2008 at 10:05 PM. Reason: not the right thread
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  #3  
Old 11-10-2008, 07:15 PM
saketkapur saketkapur is offline
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Default Tourist visa: non immigrant intent/ 6 months validity

You can always apply....whether you will get it is a different issue....

Also remember you can only stay for 6 months in the US under the terms of the tourist visa(per visit).....so if you are any of the EB categories you will have to go back and come back again.

Also your tourist visa can get denied if the GC is initiated before you get it as its non-immigrant visa........

above is my opinion but you should always consult a lawyer.......

In any case you will not be able to work until you get your work authorization either way..........
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  #4  
Old 11-10-2008, 07:20 PM
ItIsNotFunny ItIsNotFunny is offline
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Quote:
Originally Posted by saketkapur View Post
You can always apply....whether you will get it is a different issue....

Also remember you can only stay for 6 months in the US under the terms of the tourist visa(per visit).....so if you are any of the EB categories you will have to go back and come back again.

Also your tourist visa can get denied if the GC is initiated before you get it as its non-immigrant visa........

above is my opinion but you should always consult a lawyer.......

In any case you will not be able to work until you get your work authorization either way..........

I have a little doubt on this. To apply GC when you are in US, you should have entered in US with dual intent visa category. H1 & L1 are dual intent. I am not sure visitor visa is.... ?
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  #5  
Old 11-10-2008, 07:38 PM
LostInGCProcess LostInGCProcess is offline
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Default

Quote:
Originally Posted by Ishtar View Post
I've got an employer in the US that wants to get a Labor Certificate and apply for a green card on my behalf.
Is it possible for me to travel to the US on a tourist visa and then there apply for the green card?
Will I be allowed to stay until my application is either approved or rejected?

Thanks,

Ishtar
B1 is a non-immigrant Visa. You can at most stay for 1 year...thats the max. you cannot work on B1.
If you are eligible to apply for I485, then you can stay till the final outcome of I485. Your status would change to pending AOS.
However, I don't see a reason why you need to come over on B1. You might as well stay where you are, and process using CP.
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  #6  
Old 11-10-2008, 07:59 PM
Ishtar Ishtar is offline
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Quote:
Originally Posted by LostInGCProcess View Post
B1 is a non-immigrant Visa. You can at most stay for 1 year...thats the max. you cannot work on B1.
If you are eligible to apply for I485, then you can stay till the final outcome of I485. Your status would change to pending AOS.
However, I don't see a reason why you need to come over on B1. You might as well stay where you are, and process using CP.
Not working isn't an issue.
The reason I want to move is because I'm in a triangle relationship with a married couple (I'm bisexual).
They want to hire me to make it able for me to move, because seeing that he is already married, a spouse or fiance visa isn't an option...

Seeing that my support when living there would come from them, it isn't an issue for me to not be able to work in the mean time.
But I would just want to move as soon as possible...

It's only that it's very hard to find a legal way to do that in the current situation...
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  #7  
Old 11-10-2008, 08:16 PM
roseball roseball is offline
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... and my head is still spinning...

Quote:
Originally Posted by Ishtar View Post
Not working isn't an issue.
The reason I want to move is because I'm in a triangle relationship with a married couple (I'm bisexual).
They want to hire me to make it able for me to move, because seeing that he is already married, a spouse or fiance visa isn't an option...

Seeing that my support when living there would come from them, it isn't an issue for me to not be able to work in the mean time.
But I would just want to move as soon as possible...

It's only that it's very hard to find a legal way to do that in the current situation...
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  #8  
Old 11-10-2008, 09:04 PM
gcsim gcsim is offline
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Quote:
Originally Posted by Ishtar View Post
Not working isn't an issue.
The reason I want to move is because I'm in a triangle relationship with a married couple (I'm bisexual).
They want to hire me to make it able for me to move, because seeing that he is already married, a spouse or fiance visa isn't an option...

Seeing that my support when living there would come from them, it isn't an issue for me to not be able to work in the mean time.
But I would just want to move as soon as possible...

It's only that it's very hard to find a legal way to do that in the current situation...
Moderators please remove this thread.....in a time where so many ppl are worried of losing their jobs....there are some idiots who put up these kind of threads..
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  #9  
Old 11-10-2008, 09:17 PM
Ishtar Ishtar is offline
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Originally Posted by gcsim View Post
Moderators please remove this thread.....in a time where so many ppl are worried of losing their jobs....there are some idiots who put up these kind of threads..
So because I'm not like anybody else I'm an idiot and do not have the right to happiness?
I happen to belief in polymory, so do the people I am in love with.

I'm not taking any job from other people because this job simple would not exists if I wasn't in this situation.

They are willing to pay a damn high amount on taxes, legal fees and all other kinds of employer crap just to have me there so I don't see how this could be bad for anybody.

If he was single nobody would make one mention about me marrying him and moving. But because he happens to be married already and I am having a relationship with him AND his wife (it's not like we are cheating she wants this as badly as any of us), suddenly now I'm an idiot?

Thanks for showing how open minded Americans or would-be Americans actually are, this is supposed to be a country that celebrates diversity and personal freedom right?

Well diversity and personal freedom as long as everybody is exactly the same apparently...

I'm just looking for legal options to be in the place I love with the people I love, just like anybody else here, thanks for showing some respect...
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  #10  
Old 11-10-2008, 09:45 PM
rajpatelemail rajpatelemail is offline
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Hi Isthar
Can you give me your address. I wanted to join you till you will come here to USA.
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  #11  
Old 11-10-2008, 09:59 PM
GCWhru GCWhru is offline
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Funniest thread ever...

This shows how crazy people become, waiting for GC.
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  #12  
Old 11-10-2008, 11:55 PM
akred akred is offline
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Quote:
Originally Posted by Ishtar View Post
So because I'm not like anybody else I'm an idiot and do not have the right to happiness?
I happen to belief in polymory, so do the people I am in love with.

I'm not taking any job from other people because this job simple would not exists if I wasn't in this situation.

They are willing to pay a damn high amount on taxes, legal fees and all other kinds of employer crap just to have me there so I don't see how this could be bad for anybody.

If he was single nobody would make one mention about me marrying him and moving. But because he happens to be married already and I am having a relationship with him AND his wife (it's not like we are cheating she wants this as badly as any of us), suddenly now I'm an idiot?

Thanks for showing how open minded Americans or would-be Americans actually are, this is supposed to be a country that celebrates diversity and personal freedom right?

Well diversity and personal freedom as long as everybody is exactly the same apparently...

I'm just looking for legal options to be in the place I love with the people I love, just like anybody else here, thanks for showing some respect...
Unfortunately practising polyXXX is illegal in the US. So you (and your partners) will be breaking the law. Normally among natural born US citizens such relationships would not have immigration impact, but the consequences for green card holders or naturalized citizens would depend on whether DHS finds out about it and how much they pursue it.

Anyway talk to a lawyer before you decide what to do.
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  #13  
Old 11-11-2008, 12:27 AM
Ishtar Ishtar is offline
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Actually, polygamy (marriage with several people at the same time) is illegal that's why I cannot just marry him, which would make things so much easier. Polyamory (having a love relationship with more than one partner) isn't illegal, though is some states the spouse can fill for divorce and claim adultery if he/she no longer agrees to the relationship. This isn't even the case however in the State I want to move to as long as consent can be established.
So we will be doing nothing illegal.

I have an appointment with a lawyer on Monday, I was just hoping somebody here could already tell me a little more before then.
Thanks for the advice though.

Last edited by Ishtar; 11-11-2008 at 12:52 AM.
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  #14  
Old 11-11-2008, 01:26 AM
LostInGCProcess LostInGCProcess is offline
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Ishtar, I truly believe your true intention was not to get any answers to immigration questions that you "supposedly" had. Nobody is interested in your personal life. Please refrain from using this forum for your personal agenda.

I hope you got the answer to your immigration related question.

And I request the moderator to Kindly delete this thread cause this thread has indeed caused discontent among all the responsible members.
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  #15  
Old 11-11-2008, 02:06 AM
minimalist minimalist is offline
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Default Thanks for being such a broadminded person

Quote:
Originally Posted by Ishtar View Post
So because I'm not like anybody else I'm an idiot and do not have the right to happiness?
I happen to belief in polymory, so do the people I am in love with.
and showing politely how intolerant the people on these boards are. However, please note that this forum for employment based green cards.

You should probably take it to family based forums.
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