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I (US Citizen) am marrying my girlfirend (H1B) on Jan 16.

We want to file the Green Card application right after getting married so she gets her EAD quickly. This would allow her to look for a new job (which wouldn't have to be an H1B sponsor) sooner.

But... she has tickets to visit China Feb 28 - March 22. AP may not arrive until April.

Our understanding is that H1B is a "dual intent" exception that will allow her to travel without AP. But her re-entry visa is currently expired (she has 4 years left on the H1B itself). She'd have to renew it in China.

Assuming we can't delay the application or her trip, will there be any problems?

* could our application be rejected because she renews the H1B visa before or after the AP might be processed (is it mailed to our home in the US?)

* could there be issues with biometrics or intereviews being scheduled while she's abroad?

* if the application is rejected for "failure to maintain status", do they at least refund the fees?

* anything else we haven't considered?

related question: the airline tickets will be under her new surname and she will go to the Chinese consulate to get an official name change addendum to her passport... when she renews her H1B, we're not sure which name they'd put on it and are concerned about customs having a problem if the visa name doesn't match the airline tickets even if she shows the marriage certificate

Thanks!

Edited by jrmurad

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Is she currently complying with the terms of her H1b?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Moved from What Visa Do I Need - Family Based Immigration forum to Working & Traveling During US Immigration forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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