lot's questions, hopefully some answer

[chinisimo 0]

hello all,

i'm glad i found this forum.

I'm a naturalized US citizen and my fiancee is from Hong Kong working in the US with a H1B visa. We've decided to get married in HK instead of getting married here. We're planning to return to the US after we got married and go back to work.

So my question is, which visa do we need to apply? She's already legally living and working in the US with a H1B visa.

I was looking at the forum's visa guide and is this the visa we need to apply for? http://www.visajourney.com/forums/index.ph...page=i130guide2

Also, when we return, are we required to tell the immigration officer that we got married? Will that affect her work visa status?

Thanks all.

[MsMariah 0]

I'm not sure what you have to tell immigration upon arrival... I do know you shouldn't lie, but it's not the kind of information that needs to be offered up for entering under a work visa is it? Once you are both back in US I believe you'll have to apply for adjustment of status on the basis of marriage to USC, there is a forum for adjustment of status you might want to ask there about the procedures.

Peace,

Mariah

[TVN 0]

hello all,

i'm glad i found this forum.

I'm a naturalized US citizen and my fiancee is from Hong Kong working in the US with a H1B visa. We've decided to get married in HK instead of getting married here. We're planning to return to the US after we got married and go back to work.

So my question is, which visa do we need to apply? She's already legally living and working in the US with a H1B visa.

I was looking at the forum's visa guide and is this the visa we need to apply for? http://www.visajourney.com/forums/index.ph...page=i130guide2

Also, when we return, are we required to tell the immigration officer that we got married? Will that affect her work visa status?

Thanks all.

I don't know the answer. Let play safe. You should not tell the officer that you and your girls are married in Hongkong. You don't have to lie. You and she, after landing in US, do not go to the same custom booth.

If asked for purpose of returning HongKong, say something like seeing family.

Once you guys are back on US, you should apply for IR1 visa via spouse sponsor. You file I-130. She should get a green card within a year. Do it as soon as possible. It's a painful, long waiting process. Her current H1B visa should not be affected while waiting for another one. Good luck & congratulation on your upcoming marriage.

Edited January 20, 2009 by TVN

[gooberlove 0]

H1B and Green Card do not conflict. When my husband (the USC) moved back to the US, my lawyer told me to try to look for a job on a h1B while waiting for a green card. I couldn't find a job so did not do it. But I remember she said that H1B is "dual intent". Good luck.

[frali 2]

You will have to file for Adjustment of status. H1B visa is a dual intent visa. So no problems.

Edited January 20, 2009 by frali

[chinisimo 0]

thanks all. so i don't need to file for the I-130?

i looked for "adjustment of status" in the site and saw this:

http://www.visajourney.com/forums/index.ph...p;page=otheraos

what's a EAD card?

How do you apply for a EAD card? does having the EAD makes you eligible to work?

[turbo2253 0]

I'm not sure, but I think u must marry in the US to file Adjustment of Status. If you marry in HK, you can get a K-3 in HK, and CR-1/IR-1 would be in the Country of Citizenship, HK. Mike & Yizhen

[pushbrk 12,277]

hello all,

i'm glad i found this forum.

I'm a naturalized US citizen and my fiancee is from Hong Kong working in the US with a H1B visa. We've decided to get married in HK instead of getting married here. We're planning to return to the US after we got married and go back to work.

So my question is, which visa do we need to apply? She's already legally living and working in the US with a H1B visa.

I was looking at the forum's visa guide and is this the visa we need to apply for? http://www.visajourney.com/forums/index.ph...page=i130guide2

Also, when we return, are we required to tell the immigration officer that we got married? Will that affect her work visa status?

Thanks all.

H1B is a dual intent visa that allows adjusting status. Simply come back to the USA indicating the intent to go back to work. No need to mention the marriage. Then study and follow the guide to adjust status to permanent resident. Click on the word "Guides" at the top fo any page here.

Questions about H1b dual intent? Google "H1b visa dual intent".