H1B marrying US Citizen Process

[sss 0]

I'm a US Citizen residing in Virginia. My finance is on H1B currently working in California. She has been working in California for about 1.5 yrs. We are planning to get married in India next month, June. My finance is planning to return to US on her H1B visa to Virginia instead of California to live with me. I think her visa is valid for 2 more years on H1B. I'm planning on filing the paperwork for adjustment of status and green card processing after returning to US.

I have the following questions regarding this situation:

- Since the marriage took place in India, was wondering if getting a civil marriage in US help speed up the visa processing.

- Once she moves to Virginia, can she stop working? I'm planning to file the paperwork within week of return.

- Is there any issue with entering the US on H1B then followed quickly by an application for adjustment of status?

Please advise on what is the best approach I should take.

[Darnell 8,478]

The H1-B visa is a work-based visa, sponsered by an employer. Suggest you contact the HR department of that employer, inquire about her leaving the company and abandoning her H1-B Visa.

[payxibka 10,045]

you might be at risk of inavertantly terminating the H-1B status with the relocation....

[fabulous02 1]

I'm a US Citizen residing in Virginia. My finance is on H1B currently working in California. She has been working in California for about 1.5 yrs. We are planning to get married in India next month, June. My finance is planning to return to US on her H1B visa to Virginia instead of California to live with me. I think her visa is valid for 2 more years on H1B. I'm planning on filing the paperwork for adjustment of status and green card processing after returning to US.

I have the following questions regarding this situation:

- Since the marriage took place in India, was wondering if getting a civil marriage in US help speed up the visa processing.

- Once she moves to Virginia, can she stop working? I'm planning to file the paperwork within week of return.

- Is there any issue with entering the US on H1B then followed quickly by an application for adjustment of status?

Please advise on what is the best approach I should take.

Hi .... My case is quite similar to yours.... I am working here on an H1B visa, and just got married to my USC husband. We are planning on having a traditional wedding in India too , but we had a civil marriage in US so we could apply for AOS (possibly get the green card), and I don't have to bother coming back to US based on my H1B visa. I personally feel it is better to have a civil marriage in US too, just incase you have issues getting the Indian marriage certificate recognized here. Ideally I don't think it should be an issue, but I just wanted to be safe.

As long as your fiance's company still continues to hold her H1B visa when she enters the US after the marriage, you guys should be fine applying for AOS soon after. She can stop working after you apply for AOS and get your NOAs, since her status will no longer be an H1B visa holder. Even if she quits her job after you get back and her company tries to terminate her visa, USCIS ideally waits around 30 days for a visa transfer or renewal application to come through, before they invalidate the visa. So if you file for AOS after you get back, with the 30 days grace period I believe you should be ok.

In case I'm wrong on any account, I'm sure someone else can correct me. Good luck

[Summerluv 0]

I'm on H1b and I've read quite a bit on this topic.

I can't answer the ceremony question, but yes your fiance can quit her job once she comes back from India.

When she quits her job, her H1b status is no longer valid. But as long as you have already filed AOS for her, her status will be AOS and it is legal for her to remain in the US. But she cannot work again until she gets her EAD.

So if she wishes to quit, she should travel to India first, come back, file AOS, wait for the NOAs, then quit.