Full Version: Working Visa to Marriage
VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > K-1 Fiance(e) Visa Process & Procedures General Discussion > K-1 Fiance(e) Visa Case Filing and Progress Reports
My new sister in law would like to know about the process to change her status from the H1B the working visa to the marriage Based visa also she would like to know what is the process so that way she can work under her new visa status. Thanks for all your help. Any good links regaurding guidelines would be helpful along with personal experiences. Thank you so much ! Chuck and Teresa
QUOTE(ChuckNTeresa @ May 30 2008, 07:48 AM) 
My new sister in law would like to know about the process to change her status from the H1B the working visa to the marriage Based visa also she would like to know what is the process so that way she can work under her new visa status. Thanks for all your help. Any good links regaurding guidelines would be helpful along with personal experiences. Thank you so much ! Chuck and Teresa
Is she already here and got married? If so, I believe she just needs to file an AOS. She will have to prove in her interview that she did not come to the US with the intention of getting married, but that it was a spontaneous decision once she got here. I would ask this question in the AOS forum, they'll probably have more help for you.
Good luck to your sister-in-law and congrats to you again.
QUOTE(aravis227 @ May 30 2008, 09:53 AM)
QUOTE(ChuckNTeresa @ May 30 2008, 07:48 AM)
My new sister in law would like to know about the process to change her status from the H1B the working visa to the marriage Based visa also she would like to know what is the process so that way she can work under her new visa status. Thanks for all your help. Any good links regaurding guidelines would be helpful along with personal experiences. Thank you so much ! Chuck and Teresa
Is she already here and got married? If so, I believe she just needs to file an AOS. She will have to prove in her interview that she did not come to the US with the intention of getting married, but that it was a spontaneous decision once she got here. I would ask this question in the AOS forum, they'll probably have more help for you. Good luck to your sister-in-law and congrats to you again. 
QUOTE(aravis227 @ May 30 2008, 08:53 AM)
She will have to prove in her interview that she did not come to the US with the intention of getting married, but that it was a spontaneous decision once she got here.
Not true.
QUOTE(john_and_marlene @ May 30 2008, 08:14 AM)
QUOTE(aravis227 @ May 30 2008, 08:53 AM)
She will have to prove in her interview that she did not come to the US with the intention of getting married, but that it was a spontaneous decision once she got here.
Not true.
If USCIS decides that she came here on a work visa, with the INTENTION OF GETTING MARRIED, she can be issued a lifetime ban, as that would be visa fraud. If we could all just have our foreign fiances come here, intending to get married, and then just file an AOS...our lives would be a whole lot simpler and I, for one, would have Dennis here and we'd be married months ago.
QUOTE(aravis227 @ May 30 2008, 10:08 AM)
QUOTE(john_and_marlene @ May 30 2008, 08:14 AM)
QUOTE(aravis227 @ May 30 2008, 08:53 AM)
She will have to prove in her interview that she did not come to the US with the intention of getting married, but that it was a spontaneous decision once she got here.
Not true.
If USCIS decides that she came here on a work visa, with the INTENTION OF GETTING MARRIED, she can be issued a lifetime ban, as that would be visa fraud. If we could all just have our foreign fiances come here, intending to get married, and then just file an AOS...our lives would be a whole lot simpler and I, for one, would have Dennis here and we'd be married months ago.
H1B is a dual intent visa. (That means you can use it with the intention of immigrating)
Intentions of getting married has no bearing regardless. It's not intentions of getting married that is fraudulent with nonimmigrant visas--it's the intentions of using a nonimmigrant visa for the purpose of immigrating. People come to the U.S. with tourist visas intending to get married and leave all the time--there's nothing wrong with that.
QUOTE(john_and_marlene @ May 30 2008, 09:17 AM)
QUOTE(aravis227 @ May 30 2008, 10:08 AM)
QUOTE(john_and_marlene @ May 30 2008, 08:14 AM)
QUOTE(aravis227 @ May 30 2008, 08:53 AM)
She will have to prove in her interview that she did not come to the US with the intention of getting married, but that it was a spontaneous decision once she got here.
Not true.
If USCIS decides that she came here on a work visa, with the INTENTION OF GETTING MARRIED, she can be issued a lifetime ban, as that would be visa fraud. If we could all just have our foreign fiances come here, intending to get married, and then just file an AOS...our lives would be a whole lot simpler and I, for one, would have Dennis here and we'd be married months ago.
H1B is a dual intent visa. (That means you can use it with the intention of immigrating)
Intentions of getting married has no bearing regardless. It's not intentions of getting married that is fraudulent with nonimmigrant visas--it's the intentions of using a nonimmigrant visa for the purpose of immigrating. People come to the U.S. with tourist visas intending to get married and leave all the time--there's nothing wrong with that.
You're right...I misspoke...the problem is coming here with the intention of marrying and STAYING.
QUOTE(aravis227 @ May 30 2008, 10:27 AM)
You're right...I misspoke...the problem is coming here with the intention of marrying and STAYING.
And, even that is not a problem with an H1B visa.
QUOTE(john_and_marlene @ May 30 2008, 10:33 AM)
QUOTE(aravis227 @ May 30 2008, 10:27 AM)
You're right...I misspoke...the problem is coming here with the intention of marrying and STAYING.
And, even that is not a problem with an H1B visa.
Thanks for your comments ! I am sure that everything will be ok ! We were just wondering what the process would like. Threre is not t much info here on switching visa. So all of yuor comments and experiences are very helpful thanks again. Chuck and Teresa.
QUOTE(ChuckNTeresa @ May 30 2008, 06:59 PM)
QUOTE(john_and_marlene @ May 30 2008, 10:33 AM)
QUOTE(aravis227 @ May 30 2008, 10:27 AM)
You're right...I misspoke...the problem is coming here with the intention of marrying and STAYING.
And, even that is not a problem with an H1B visa.
Thanks for your comments ! I am sure that everything will be ok ! We were just wondering what the process would like. Threre is not t much info here on switching visa. So all of yourr comments and experiences are very helpful thanks again. I guess that question we are looking at will sh have to go back to Mexico to change her new status here. Thanks Chuck and Teresa.
QUOTE(ChuckNTeresa @ May 30 2008, 04:59 PM)
QUOTE(john_and_marlene @ May 30 2008, 10:33 AM)
QUOTE(aravis227 @ May 30 2008, 10:27 AM)
You're right...I misspoke...the problem is coming here with the intention of marrying and STAYING.
And, even that is not a problem with an H1B visa.
Thanks for your comments ! I am sure that everything will be ok ! We were just wondering what the process would like. Threre is not t much info here on switching visa. So all of yuor comments and experiences are very helpful thanks again. Chuck and Teresa.
There's no information because switching visas really isn't an option. What she needs to do is adjust status. See the AOS Guide.
FYI, visas are for entering countries. Since she's in the US already on a dual intent visa, she needs no new visa. She's here. She adjusts her status to permanent resident.
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