Marrying citizen while on H1B

[lordm 0]

Hi everyone

I am a US citizen and my fiancee is a foreign national who currently lives overseas. I was planning on filing for her K1 visa to bring  her here, but she also has an approved H1B petition. She will be coming to the US on the H1B visa next month and we intend to get married in the US. I have a few questions 

 

1. Will there be any issues adjusting status from H1B? I understand that H1B is also a dual-inent visa (like K1) but unlike K1, the intent of H1B visa is to work in the US and not marry a US citizen. I am a little worried if USCIS would assume that her original intent was to marry a citizen. 

 

2. We plan live in different cities after marriage for a while until she gets her EAD, as her H1-B job is not in the same city where I live. Will this be a problem to prove the bona-fide marriage since we are not living together? Once she gets her EAD, she plans to move in with me and find another job where I live. 

 

3. Alternatively, she could leave her H1-B job after marriage and move in with me. Would that cause any issues since she will no longer have her H1 status?

 

4. Also, do you guys recommend changing the last name after marriage and then filing for the I-301/I-485 with the married name or file with the maiden name? 

Thanks for your help!

[geowrian 22,335]

1. No issuing doing AOS from H-1B. No issue about intent either way, but doubly so since H-1B is dual intent anyway.
2. It's absolutely possible, but it does create an extra challenge. They will look at the totality of the circumstances...living together is optimal, but other evidence, regular visits, an explanation, etc. can be used as well.
3. Once you file for AOS, you are granted a period of authorized stay while the case is pending. You would lose the ability to work until you have an EAD, though.
   1. Is a transfer to a local employer possible?
4. Personal decision to change your name or not. If you do want to do so, I suggest completing the paperwork with the married name as that is what the EAD, AP, and green card will be issued in.

Edited January 28, 2019 by geowrian

[Cyberfx1024 7,978]

1 hour ago, lordm said:

Hi everyone

I am a US citizen and my fiancee is a foreign national who currently lives overseas. I was planning on filing for her K1 visa to bring  her here, but she also has an approved H1B petition. She will be coming to the US on the H1B visa next month and we intend to get married in the US. I have a few questions 

 

1. Will there be any issues adjusting status from H1B? I understand that H1B is also a dual-inent visa (like K1) but unlike K1, the intent of H1B visa is to work in the US and not marry a US citizen. I am a little worried if USCIS would assume that her original intent was to marry a citizen. 

 

2. We plan live in different cities after marriage for a while until she gets her EAD, as her H1-B job is not in the same city where I live. Will this be a problem to prove the bona-fide marriage since we are not living together? Once she gets her EAD, she plans to move in with me and find another job where I live. 

 

3. Alternatively, she could leave her H1-B job after marriage and move in with me. Would that cause any issues since she will no longer have her H1 status?

 

4. Also, do you guys recommend changing the last name after marriage and then filing for the I-301/I-485 with the married name or file with the maiden name? 

Thanks for your help!

1. This will.not be a problem of coming here on a H1b visa, getting married, and then filing AOS.

 

2. This will be !ore difficult but can be overcome by providing sufficient evidence that you two plan on living together in the near future.

 

3. Exactly what @geowrian said. 

 

4. Your decision but the vast majority get married and file for AOS in the married name.