Marriage

[SMaria 0]

Hi,

I am an international student in the U.S. and I am about to apply for a work visa (H1B) that will last for 1 year (August/September 2012. My boyfriend and I are thinking about getting married but I am not sure how everything works. How long in advance would I need to start filling paperwork (before my H1B visa expires)? What are the step that I need to follow? Do I need to leave the country while everything is in process?

[Harsh_77 718]

It depends, what is your BF status where you getting married, when you getting married etc.

[Penguin_ie 5,994]

***** Moving from K1 to AOS from Work.. as OP is already in the country ******

[SMaria 0]

He is a U.S. citizen. We would want to get married next year before my H1B visa expires, which would be in August of next year. I am not sure when I need to start the process so I don't have to leave the country

[moSu 0]

He is a U.S. citizen. We would want to get married next year before my H1B visa expires, which would be in August of next year. I am not sure when I need to start the process so I don't have to leave the country

Where are you filing from? Every location's timeline varies and it also depends on your luck (how smooth your paperworks are) Some processes can end as soon as 3 months, some can be more than 6 months. It's best to adjust your status earlier as possible before it expires to avoid complications.

Best Wishes,

moSu

[Little_My 464]

He is a U.S. citizen. We would want to get married next year before my H1B visa expires, which would be in August of next year. I am not sure when I need to start the process so I don't have to leave the country

As long as USCIS receives and acknowledges your AOS package before your visa status expires, you won't accumulate any overstay. Once your AOS has been received, you begin a new period of authorized stay that lasts until you receive a decision on your GC application. You will not have to complete the process before the H1-B expires, only submit the AOS. It can take USCIS up to 30 days to send you the NOA after you've mailed them the AOS package, so best to mail it all at least a month before your previous visa is about to expire. H1-B is a dual intent visa, I believe, so you won't have to worry about intent to immigrate while on a non-immigrant visa.

[SMaria 0]

I will be filling in the U.S. So I have to get married and then send the AOS package right? One I send everything, when would I be able to travel outside the U.S?

[Little_My 464]

If you are on the H1-B, I believe you can travel abroad without any problems with that visa. Once you file the AOS application, you have to wait to get the AP (advance parole) document to be able to travel. Getting that usually takes between 70 and 90 days from when you send out the package. I'm not 100% sure if this works the same way with H1-B than it does with F1, which I had, but I believe that when you send out the AOS package, you technically stop being an H1-B. I think you can still work while the AOS is pending (someone else can probably say more about that), but I don't think it would be advisable to travel abroad until you have the AP.

Yes, you have to be legally married before you can file for AOS.

[Harpa Timsah 13,258]

People with dual intent visas, like H1B or L visas ARE ALLOWED to travel while AOS is pending. This is unique to them, and they will not abandon their AOS if they leave the country. You do not need AP to travel. OP - If I were you, I would file your AOS soon after you get your H1B. Why wait for it to be close to expiring? You want to avoid a period where you cannot work, so sooner is better. Good luck.

[Little_My 464]

I stand corrected! Thank you Harpa for clarifying that. In light of this, I agree with Harpa - why not file the AOS as soon as you have gotten married after the H1-B has been issued. This way you will most likely avoid any periods during which you couldn't work and/or travel, since you could get your AOS processed and approved before the H1-B expires.

[SMaria 0]

Thank you for your responses. So if I have the H1B visa and then file the AOS, I can still work with that visa during the process right? If that is correct, would I also need to send the for I-765 (work permission)?

[Harpa Timsah 13,258]

Thank you for your responses. So if I have the H1B visa and then file the AOS, I can still work with that visa during the process right? If that is correct, would I also need to send the for I-765 (work permission)?

Yes, you can still work on your H1B. You can apply for the EAD if you want, but there is no need, because your H1B status will remain until a decision is made on your AOS.