Please help. RE: H1B to immigrant status

[zhemir 0]

Hi. Im really confused right now. Im leaving this october and will be holding H1B visa. My fiance and I are planning to get married in the US before I change my status to immigrant. Does anyone know if we can get married in the US (new mexico or texas) even if were not US citizens? We read some articles saying that we can and some said that we cannot. To those articles that said we can, stated that we both need original passport, birth certificate and the SSN. With regards yo SSN, surely ill have one because im going to work there but how can my fiance get his?

Thank you!

[Mollie09 1,543]

Each state has different requirements for issuing marriage certificates (sometimes it varies from county to county) so you should look into the laws for the specific state/county where you intend on getting married.

For immigration purposes, if your fiance is an LPR and not a citizen, you'll have to maintain status until a visa number is available to you.

Edited August 18, 2014 by F1H1I130

[zhemir 0]

Hi! thank you. Here's the situation. I am holding a working visa and he's on tourist visa. were both non us citizen, and were planning to get married next year before i get ipmy immigrant visa. most likely, the state will be in new mexico, how can we know if its possible? weve been searching for the same kind of situation but we cant find any details about. it

[Merrytooth 5,748]

huh? What immigrant visa are you talking about here?

You are on H1B visa. If you get married, your foreign spouse could apply for H-4 visa.

[zhemir 0]

hi! yes, im on working visa, and on may 2015, my employer will petition me as immigrant. so my status will change from working to immigrant.

[Mollie09 1,543]

You don't need to be citizens to get married, tourists get married in the US all the time. I was on H1B when I got married, all they needed was valid ID showing my name, date of birth, etc. I used my passport.

But this was in Florida, not NM. Google "New Mexico marriage license" or whatever county you plan on marrying, and you should out what you need pretty easily.

[zhemir 0]

Got it Thank you so much! Btw, if ever we get married and im on H1B do i need to get him an H-4 visa even though were going to file it for immigrant status after? (wedding will be on april and petitiom for iimmigrant from my employer on june 2015) is that the proper way or is it okay that I from H1B to EB2 then his going straight for immigrant status?

Thank you!

[Mollie09 1,543]

You should file for H4 so he has status. His overstay will make him ineligible to adjust status to the immigrant petition, he can either marry you and leave as a tourist, or you need to apply for a COS to H4.

[zhemir 0]

after the wedding he'll immediately leave US and be back in the Philippines then I will file for immigrant status still, i need to file an H4 stat for him? Or directly an immigrant stat for him too? (is that possible?)

Thank you so much! youve been helping us a lot! ????

[Boiler 43,419]

You might want to look up how long EB2's take.

[Mollie09 1,543]

You might want to look up how long EB2's take.

EB2s are current for Filipinos.

after the wedding he'll immediately leave US and be back in the Philippines then I will file for immigrant status still, i need to file an H4 stat for him? Or directly an immigrant stat for him too? (is that possible?)

Thank you so much! youve been helping us a lot! ????

If he leaves before the date on his I-94, you don't have to file the H4, you can just add him to the EB2. I'm just not sure how the process would work with one of you out of the country, but I'm sure the lawyer taking care of the EB2 for your employer would be very helpful with that.

[zhemir 0]

Thank you so much for all your help. already searched for the nm marriage license and they are looking for ssn. how could my finacé get one of those? I already have mine since im working in US but he doesnt have any. Thanks again so much!

[Merrytooth 5,748]

Why don't you call up the new mexico county office to ask about marriage license?

[zhemir 0]

I will once im back in the US. Im currently in theI and im still fixing a lot of documents. thanks again for everything, my mind is getting clear now on the process.

[Merrytooth 5,748]

I don't know what county you are in New mexico. It is very easy to google the info or just give the office a call.

For example like this one here:

http://www.santafecountynm.gov/clerk/marriagelicenses

Other Requirements
Both applicants must be present at the time of the marriage license application process. A Social Security number is required for both individuals, unless such number has not been issued.

Fee: $25.00 cash only (no checks) must be paid at the time the license is issued.
Certified Copies are $2.50 each.