Getting married ...Help!!
Feb 28th 2008, 2:16 am
#1
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Thread Starter
Joined: Feb 2008
Posts: 8
Getting married ...Help!!
Thought the title might grab some attention...hehe....sorry if this wasn't what you were expecting....
Anyway I am british citizen but have dual nationality (bangladesh citizen) as well. My fiance is on H1B visa in usa for the last 3 yrs and applied for his Greencard (which is still in processing!), but was student before then so his time living in usa is almost totalling to 10yrs.
This is the bit where I need advise. I have a tourist visa stamped on my bangladeshi passport and have used it once or twice in the past. Now we want to get married in usa in a few months time.
1) do i travel using my bangladesh or uk passport? does it matter?
2) going there as a tourist and then getting married to a H1B visa holder - is this allowed (he isnt a citizen - i know there is a fiance visa for those who are us citizens)
3) once we are married I will be applying for H4 visa, does anyone know how long this takes to process?
Now because I would like to work when I am out there, there seems to be two choices:
A) My fiance works for his own company and I would hope to work there when I am out there. I could apply for H4 and then once i am in the usa the company sponsors me for H1B.
OR
B) The alternative would be to go there on E2 visa - as I am planning to move everything including selling my house here. Buy a suitable business which means i can start working straight away and than get married. If I do that do I keep my E2 status or do i need to change to H4 as my fiance will be putting me down on his greencard application (I485 adjustment) as his dependent.
Which of the above option should i go for? which one is complex? do I use my british or bangladeshi passport when making the applications to the us consulate?
Thanks in advance!
sul
Anyway I am british citizen but have dual nationality (bangladesh citizen) as well. My fiance is on H1B visa in usa for the last 3 yrs and applied for his Greencard (which is still in processing!), but was student before then so his time living in usa is almost totalling to 10yrs.
This is the bit where I need advise. I have a tourist visa stamped on my bangladeshi passport and have used it once or twice in the past. Now we want to get married in usa in a few months time.
1) do i travel using my bangladesh or uk passport? does it matter?
2) going there as a tourist and then getting married to a H1B visa holder - is this allowed (he isnt a citizen - i know there is a fiance visa for those who are us citizens)
3) once we are married I will be applying for H4 visa, does anyone know how long this takes to process?
Now because I would like to work when I am out there, there seems to be two choices:
A) My fiance works for his own company and I would hope to work there when I am out there. I could apply for H4 and then once i am in the usa the company sponsors me for H1B.
OR
B) The alternative would be to go there on E2 visa - as I am planning to move everything including selling my house here. Buy a suitable business which means i can start working straight away and than get married. If I do that do I keep my E2 status or do i need to change to H4 as my fiance will be putting me down on his greencard application (I485 adjustment) as his dependent.
Which of the above option should i go for? which one is complex? do I use my british or bangladeshi passport when making the applications to the us consulate?
Thanks in advance!
sul
Feb 28th 2008, 2:49 am
#2
Lost in BE Cyberspace
Joined: Jun 2005
Location: Oz -> UK -> San Diego
Posts: 9,912
Re: Getting married ...Help!!
This thread may or may not be of use:
http://britishexpats.com/forum/showthread.php?t=514795
Point 2. Yes, it is allowed. Some of us on the board have done this. The non-visa holder has to leave the country though if they are going to apply for an H4. Can you get married this week? The sooner the better, and definitely before your fiance's AOS (adjustment of status) is approved. Has he submitted the I-485? Best option possible is to marry BEFORE it is submitted.
Point 3. It doesn't take long at all to get an H4. About 2 weeks in the UK. You have to apply for it in the home country though.
Re which passport for visa applications; if you are applying in the UK, use the UK one.
Is your fiance's company a not-for-profit/charity? If not, H1B visas are subject to an annual cap. In 2007, they all ran out on the second day after the opening date, for an October 2007 start.
http://britishexpats.com/forum/showthread.php?t=514795
Point 2. Yes, it is allowed. Some of us on the board have done this. The non-visa holder has to leave the country though if they are going to apply for an H4. Can you get married this week? The sooner the better, and definitely before your fiance's AOS (adjustment of status) is approved. Has he submitted the I-485? Best option possible is to marry BEFORE it is submitted.
Point 3. It doesn't take long at all to get an H4. About 2 weeks in the UK. You have to apply for it in the home country though.
Re which passport for visa applications; if you are applying in the UK, use the UK one.
Is your fiance's company a not-for-profit/charity? If not, H1B visas are subject to an annual cap. In 2007, they all ran out on the second day after the opening date, for an October 2007 start.
Last edited by Ozzidoc; Feb 28th 2008 at 2:54 am.
Feb 28th 2008, 4:41 am
#3
Just Joined
Thread Starter
Joined: Feb 2008
Posts: 8
Re: Getting married ...Help!!
Thanks Ozzidoc!
He applied for I140 3 months ago and waiting a reply, so his I485 is still some time away...at this stage cause his priority date is 2007 and the current visa bulletin date is in 2005. So far far away....so hopefully that buys me some more time!
His company is not for profit which does mean there is a cap on H1B visas and you are right it vanishes within 1 day.....which i find crazy....its a hit and miss. How can the annual cap just vanish within a day! honestly. Which was why he was looking towards the E2 visa cause that provides alot more stability in the short term and I can work as well....
So the plan would be:
- apply for E2
- move to us and start working
- then get married to fiance
- then he applies for my GC at the same time as his
- I change status from E2 to something else (is this possible?)
If he applies for my GC - does that mean i can start working even though the application is under processing.....or do i have to wait until the GC approval arrives. or could I go on working under the E2 visa until i get my GC?
It would make such a big difference to know where i stand on this. This whole visa situation is baffling!
Sul
He applied for I140 3 months ago and waiting a reply, so his I485 is still some time away...at this stage cause his priority date is 2007 and the current visa bulletin date is in 2005. So far far away....so hopefully that buys me some more time!
His company is not for profit which does mean there is a cap on H1B visas and you are right it vanishes within 1 day.....which i find crazy....its a hit and miss. How can the annual cap just vanish within a day! honestly. Which was why he was looking towards the E2 visa cause that provides alot more stability in the short term and I can work as well....
So the plan would be:
- apply for E2
- move to us and start working
- then get married to fiance
- then he applies for my GC at the same time as his
- I change status from E2 to something else (is this possible?)
If he applies for my GC - does that mean i can start working even though the application is under processing.....or do i have to wait until the GC approval arrives. or could I go on working under the E2 visa until i get my GC?
It would make such a big difference to know where i stand on this. This whole visa situation is baffling!
Sul
