H1B and Marriage Situation and Questions

[prairiemermaid 0]

Hi,

I am an American citizen, born and raised in Southern California, and now living in the midwest. About 2 years ago, I started spending a little less than half my time in the Boston, Massachusetts area.

About 7 months ago, I met and then fell in love with a Canadian citizen who is living in the Boston area on the H1B visa. He has been in the US about 4 years now, under the H1B all that time. He just renewed his H1B last month for 3 more years. So he can be in the US, IF he is at the same employer, for another 3 years.

Here is the problem/questions:

I have an 8 year old son and am divorced. I share parenting time 50/50 with my ex-husband. My son lives in the midwest. I won't leave the midwest permanently and see my son less than 50% of the time, so in order for us to be together more than 2 weeks per month, my boyfriend is considering moving to the midwest. If he does this, of course, he will lose his H1B, unless he can get an employer out here to get him one, and there is no guarantee of that. Also, IT jobs are not nearly as plentiful here in the midwest as they are in Boston.

Neither of us wants to get married "just" so he can stay here, and he's here for another 3 years on the H1B regardless of what we do, as long as he is at his current employer. (if I understand the H1B correctly.) We do want to be together all the time at some point in the not-too-distant-future, and so we're trying to find out the best way to do that.

I am concerned after reading some of the things on these forums, that immigration won't believe us in regards to a marriage visa, because we don't live together all the time right now. However, when I am in Boston, currently about 2 weeks per month, I live with him 100% of the time. I get mail there, and also have an office space in the town in which we live together. I also have a license to practice law in Massachusetts, have friends there, and have some work. He probably would have moved to the midwest already but he would lose his H1B if he moved here. . .so that's out for now. We have both been married before, and aren't in a huge hurry to marry, though we are committed to the relationship. Having been married before, and going through divorce, we would both like to wait a while longer before marrying this time.

If we got married, and were still not living together full-time (because we don't want to lose the H1B visa and because he can't work without it), could we still successfully go through the process to get the marriage visa while living apart some of the time? Or could we do the Direct Consulate thing?

I would appreciate any advice anyone. Thank you!

Edited November 24, 2007 by prairiemermaid

[minnietheminx 0]

Someone please correct me if Im wrong, but I am under the assumption that as your partner is already in the states with their own visa, then there is no need to apply for a marriage visa. I'm sure that there are no restrictions on a H1-B visa regarding 'Adjustment of Status' (unlike the Visa Waiver program for example) therefore your partner should be free to marry you (as long as their visa is still valid) and then go about their own adjustment of status to become a permanent resident. Of course, successful adjustment of status will involve an interview, but as long as you can prove that you have a bona-fide relationship (photos, emails, letters, cards, phone bills etc) then I cant see you having a problem.

[Dan J 277]

Someone please correct me if Im wrong, but I am under the assumption that as your partner is already in the states with their own visa, then there is no need to apply for a marriage visa. I'm sure that there are no restrictions on a H1-B visa regarding 'Adjustment of Status' (unlike the Visa Waiver program for example) therefore your partner should be free to marry you (as long as their visa is still valid) and then go about their own adjustment of status to become a permanent resident. Of course, successful adjustment of status will involve an interview, but as long as you can prove that you have a bona-fide relationship (photos, emails, letters, cards, phone bills etc) then I cant see you having a problem.

H1B is considered dual intent. He should be able to adjust status with no issues. And should be able to continue to work.

[minnietheminx 0]

H1B is considered dual intent. He should be able to adjust status with no issues. And should be able to continue to work.

Thanks for clearing that up. Thats what I assumed.