Clare37

I met my fiancé on the internet – he’s American and I’m British. We’ve been discussing various options to getting married i.e. K1, K3 and additionally the
H1B visa (if I get a job in the US, that would be the visa I would apply for).

I just wondered whether getting married while on the H1B visa is a legal option or is it better to just go the K1 / K3 route?... I know the immigration authorities are very fussy about only using visas for the specific function of the visa but at the same time it sounds unreasonable to stipulate that one can’t be working in the USA and get married as well...I can’t find any information on this specific question on the internet. I would be grateful for any advice. Thanks in advance.

snowbunny

It is far, far easier to get a K1 or K3 visa than a coveted H1B.

It is not illegal to get married on any visa. It is how you go about subsequently residing in the US (if that's your plan) that may or may not be legal.

Elvira

Perfectly legal to marry on H1b as it allows dual intent.

Whether it would be the best option for you, only you can decide. The employer spends a significant amount of $$$ on getting the H1b, so would expect you to stay with them so they their money's worth. On the other hand, you would already have a job, whereas someone coming in on a K1 or K3 would have to wait for work authorisation (and many find it difficult to find employment).

So, if you have an H1b job lined up, and you feel confident that you would want to stay with the company for a while, this might be the way to go. Seeing that yours is an internet relationship, this might be preferable anyway. (Not saying it IS, but might be - I do not know the circumstances of your relationship.)

But of course the application would have to be in next week, and you would not be allowed to start work until 1 October (unless employer is uni or similar). But fiance or spousal visas are unlikely to be quicker anyway.

(BTW, it is the employer who files for the H1b, not the employee...)

Clare37

Thanks snowbunny and Elvira.

The job would probably be with a University or a research organization but I haven't got one lined up yet... I was concerned that there might perhaps be a problem if my intent was to marry while on the H1B visa - eg I know you aren't technially allowed to marry on the VWP (if your intent was to marry beforehand).

I am trying to assess the quickest and least problematic way of being with my fiance.

snowbunny

If you have not gotten a job lined up yet, then it is probably going to be some time before you can receive an H1B visa. There is a quota, it goes quickly, and your prospective employer applies for one on your behalf, which costs them several thousand dollars. You need to be incredibly well connected or in high demand -- helps to be both -- to get a visa via this route.

Assuming your fiance is not currently resident in the UK and does not wish to move there, you would probably be best off applying for the K-1 visa.

Elvira

There is no quota for university positions.

fatbrit

I think you mentioned the quickest way.....bar the technicality, of course! Failing that, use the K1. Your H1b idea is neither quick nor unproblematic.

Clare37

Thanks again snowbunny and Elvira. If anyone has any other thoughts on this, the more information I get the better.

Clare37

Thanks fatbrit. I'd also be grateful if someone could address the question on my other thread with regard to whether my fiance can visit me while the K1 visa is being processed - I'm a bit worried about this. Thanks.

snowbunny

I've addressed some of what you wrote. No, there are no automatic bars on visits. It's all down to whether an immigration official allows you to enter the country. Most of the time there isn't a problem. There are no absolutes, though, and if you are desperate to see each other then I'm afraid you are in for a difficult time.

fatbrit

Yep -- but you're at the whim of the uniformed drone. Either party travelling to the other country should maintain strong ties and have evidence of this with them to be proffered only if requested. Arriving at a port of entry carrying wedding paraphernalia and the kitchen sink will raise reasonable suspicion, and the more you visit, the more their nasty, little suspicious minds start ticking.

hcj1440

Of course he can. You (the Brit) may have a problem coming to the US to visit him, but he (the USC) will not have any problem coming to the UK to visit you. It is you who will have an immigration petition in play, not him.

snowbunny

well, to be clear: if he petitioned for a K-1 visa, she'd be the recipient, and there would be definite intent on her part to live in the US. That might be enough for some IOs to deny a VWP entry. If *she* were to apply for a fiance visa to the UK... then his entry to the UK might be questioned; but I don't know how carefully scrutinised this is compared to the US, as the fiance visa is a relatively new invention in the UK.

hcj1440

I don't think she was talking about either of the scenarios you described -- since we're all fairly "immigration-minded" here I think the natural tendency was to think of those, but I don't think that's what she's asking.

She's only mentioned herself (the UK partner) moving to the US... then she asked whether he (the USC petitioner) could visit her in the UK. I don't see any problems with his entry to the UK with that scenario (not more so than any other visit he may make to the UK).

Bob

I think it might be for C/D transit visa's...