Marriage to H1B Finance from Japan

[Normc 0]

Hi, I am new to this site. I've been banging my head to find out how to exactly marry the love of my life.

My current situation:

I am a US citizen working and residing in Massachusetts.

My fiance is Japanese currently holding a H1B visa from and working in Texas.

We live in two seperate states and planning to get married this coming summer.

After we get married, we would still be living in two seperate states until she can find a job in Massachusetts.

Questions:

I have no idea what the best process is to get married and the obtain the change in visa status.

Will my fiance need to give up the H1B visa before we can get married?

Will we have to apply for a K1 visa before we can get married?

Will my fiance eligable for work with just a marriage certificate?

Will my fiance need to leave the country to get her visa status changed?

Any assistance would be greatly appreciated.

Thank you in advance.

[john_and_marlene 162]

Questions:

I have no idea what the best process is to get married and the obtain the change in visa status.

Will my fiance need to give up the H1B visa before we can get married? NO

Will we have to apply for a K1 visa before we can get married? NO

Will my fiance eligable for work with just a marriage certificate? NO

Will my fiance need to leave the country to get her visa status changed? NO

Just get married and then file 1-130 along with the adjustment of status.

[YuAndDan 153]

This wont need a K-1 visa as per where you posted this. H1B is a Dual intent visa.

It is adjustment of status.

SEE: http://www.visajourney.com/forums/index.ph...page=i130guide2

[Gaby&Talbert 1]

Hi, I am new to this site. I've been banging my head to find out how to exactly marry the love of my life.

My current situation:

I am a US citizen working and residing in Massachusetts.

My fiance is Japanese currently holding a H1B visa from and working in Texas.

We live in two seperate states and planning to get married this coming summer.

After we get married, we would still be living in two seperate states until she can find a job in Massachusetts.

Questions:

I have no idea what the best process is to get married and the obtain the change in visa status.

Will my fiance need to give up the H1B visa before we can get married?

Will we have to apply for a K1 visa before we can get married?

Will my fiance eligable for work with just a marriage certificate?

Will my fiance need to leave the country to get her visa status changed?

Any assistance would be greatly appreciated.

Thank you in advance.

I would suggest that if you are going to get married try to do it and adjust status here in the US before her visa and work permission expire.

As long as her visa is valid until she can complete her adjustment of status and she did use her H1B visa to get married then you shouldn't have any problems. She doesn't have to give up her H1B visa until the interview. Hopefully her current work permission won't expire during the process so she won't loose it waiting on her greencard. If it were to expire they may not issue a new one while in the AOS process?

As soon as you are married you will be able to file for adjustment of status here in the US and she will not have to return to her home country.

[YuAndDan 153]

I would suggest that if you are going to get married try to do it and adjust status here in the US before her visa and work permission expire.

As long as her visa is valid until she can complete her adjustment of status and she did use her H1B visa to get married then you shouldn't have any problems. She doesn't have to give up her H1B visa until the interview. Hopefully her current work permission won't expire during the process so she won't loose it waiting on her greencard. If it were to expire they may not issue a new one while in the AOS process?

As soon as you are married you will be able to file for adjustment of status here in the US and she will not have to return to her home country.

Filing for EAD (I-765) when filing the I-485 will ensure work permission.

[Normc 0]

Hi folks, you've all been so kind. I really appreciate everyone's quick response.

So my understanding at this moment is...

I won't need a K1 visa; the H1B visa is dual intent and we can get married this summer. Phew!

After we get married, we'll simply file to change the status.

As long as the H1B visa exists, we should be okay. We're also debating for her to quit her job and come to Massachusetts during the process. I assume if we do so, the H1B visa terminates and we would have to apply for the K1 visa.

Thank you again for everyone's generous efforts.

[john_and_marlene 162]

We're also debating for her to quit her job and come to Massachusetts during the process. I assume if we do so, the H1B visa terminates and we would have to apply for the K1 visa.

NO ... you don't need a visa since she is already here. Visas are to enter the country.

[Normc 0]

Thank you everyone for their responses.

[Gaby&Talbert 1]

Hi folks, you've all been so kind. I really appreciate everyone's quick response.

So my understanding at this moment is...

I won't need a K1 visa; the H1B visa is dual intent and we can get married this summer. Phew!

After we get married, we'll simply file to change the status.

As long as the H1B visa exists, we should be okay. We're also debating for her to quit her job and come to Massachusetts during the process. I assume if we do so, the H1B visa terminates and we would have to apply for the K1 visa.

Thank you again for everyone's generous efforts.

The best thing is not to void her current H1B or go beyond her I-94 before you file for AOS. Whatever you do dont file for a K1 or she has to go back to her home country for an interview. You want her to do everything here so get married and file AOS. The very best thing is to get married and file AOS before she quits her job. When she files AOS also file for work permission and travel premission, it is all included in the same price.

Yes, she could go out of status and still get married and file for AOS but it think it would be best to not have any more things for USCIS to question than needed.