Marry and American with a Working Visa I think HB1?

[baf 0]

Is it allowed to marry an American citizen with a working visa that last up to 5 years or does the person have to go back to their initial country and file for marriage or whatever?

[scy 0]

Is it allowed to marry an American citizen with a working visa that last up to 5 years or does the person have to go back to their initial country and file for marriage or whatever?

No one can stop you from marrying a person you want to marry unless that person is the same sex as you.

As for marrying a person then filing for adjustment of status then this is not the forum for that. Check out the AOS forum.

[baf 0]

oh ok then filing for citizenship after married to the person does the spouse have to return back home and file from there?

[happyimmigrant 0]

oh ok then filing for citizenship after married to the person does the spouse have to return back home and file from there?

No. If the alien is legally in the US under a different visa (say H-1B) and the entry on that visa was incidental to the marriage (i.e. they entered to work on the H-1B, but then met their fiancee and got married), then they can file for AOS (adjustment of status) to permanent resident (green card holder), without having to leave the country. The K-1 or K-3 is not used nor required.

Citizenship is something entirely different. Citizenship (naturalization) can be applied for after a certain number of years of continuous residence in the US as a permanent resident.

[Boiler 43,592]

oh ok then filing for citizenship after married to the person does the spouse have to return back home and file from there?

Not on an H1, the correct visa would be a H4.

Which by the ways does not allow you to work.

[baf 0]

Thanks guyS!

Boiler whats the H4 VISA? :s

[john_and_marlene 162]

There is not enough information here. Is the person already here on a working visa? Are they intending to use a working visa to come here with the intent of getting married?

You need to be very careful. If the purpose of coming here is to get married and the working visa is the method for entry, then they would have comitted fraud and could be deported and banned from reentry for a long time.

If the OP was already here on a working visa with no previous intention of marriage, then a subsequent marriage and application for adjustment of status would not be fraud.

I mention this based on other posts by this person trying to meet the K1 requirement to have met within the past 2 years.

Edited February 15, 2006 by john_and_marlene

[pax 0]

Keep in mind as well that a person can't just be handed an H-1B visa. That individual must be sponsored by a U.S. company to do work in the States for which he or she is uniquely qualified.

I don't mean to be blunt, but before you explore all these ways of moving to the States, might it not be more prudent to come here on VWP and actually meet your sweetie first? And THEN explore your options?

[baf 0]

oh i wasnt intending of using this metjod was just curious i have a long way to graduate ..then look for a job

[pax 0]

You can visit the States in the meantime on the Visa Waiver Program (VWP) if you are a UK citizen.

[baf 0]

whats a VWP ?

[pax 0]

VWP=Visa Waiver Program. It is an agreement between the States and a number of other countries, including the UK, allowing citizens of those countries to travel to the States for temporary (less than 90 days) visits for tourism or business without having to first obtain a B-1 or B-2 visa.

And before you ask, no, you can't come to the States on VWP with the intention of getting married and subsequently staying in the States. VWP is intended for temporary visits only. And the permission to make visits to the States on VWP can be revoked if visits become too frequent and lengthy. We have a lot of people on VJ who were refused entry on VWP after making too many visits too close together.

Edited February 15, 2006 by pax

[baf 0]

oki doki thanx...... i read bout this somewhere