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Marriage questions By and For Non-USC

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Marriage questions By and For Non-USC

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Old Dec 20th 2009, 2:59 am
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Default Marriage questions By and For Non-USC

Bit of an odd one this maybe..

My status:
I am a British L1B visa-holder in the US. I am preparing to apply for my green card, which as I only have a bachelors degree and less than 5 years pre-USA experience, I believe will be modified to an H1 to give me more time for the application.

My problem:
While travelling, I have got a girl pregnant. She is a Filipino and is currently in the Philippines. Obviously I am looking into all options. Please spare me the moral decisions, I just want information on how easy it would be to marry her and bring her (and child) to the USA as my spouse and dependent on an L1B, and also whether this would affect the green-card application, transfer to the H1 etc. This may not be the answer to my problem, but if it were the chosen route I want to know how much effort I am in for. I do not want to rock the boat too much as my company are taking care of any visa/green-card issues.
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Old Dec 20th 2009, 3:02 am
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Default Re: Marriage questions

Originally Posted by randomexpat
Bit of an odd one this maybe..

My status:
I am a British L1B visa-holder in the US. I am preparing to apply for my green card, which as I only have a bachelors degree and less than 5 years pre-USA experience, I believe will be modified to an H1 to give me more time for the application.

My problem:
While travelling, I have got a girl pregnant. She is a Filipino and is currently in the Philippines. Obviously I am looking into all options. Please spare me the moral decisions, I just want information on how easy it would be to marry her and bring her (and child) to the USA as my spouse and dependent on an L1B, and also whether this would affect the green-card application, transfer to the H1 etc. This may not be the answer to my problem, but if it were the chosen route I want to know how much effort I am in for. I do not want to rock the boat too much as my company are taking care of any visa/green-card issues.
I really only know about marriage based visas when one of the parties is a USC. But I believe if you DO want to go this route, you should marry her and bring her to the USA *before* you apply for the green card, so she can be included in the green card application as your spouse.

Just my layman's view on it, hopefully someone else more knowledgeable chimes in.

Rene
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Old Dec 20th 2009, 8:09 pm
  #3  
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Default Re: Marriage questions By and For Non-USC

Both L and H visas allow for derivative status for the spouse, so that she can stay in the United States provided the other spouse is in lawful H/L status. L visas allow the non-working spouse to obtain work authorization, while H visas don't. It is true that you will generally need to get married before the green card is approved (not necessarily before you apply) to avoid lengthy separation and ensure the spouse gets a derivative green card.


Originally Posted by randomexpat
Bit of an odd one this maybe..

My status:
I am a British L1B visa-holder in the US. I am preparing to apply for my green card, which as I only have a bachelors degree and less than 5 years pre-USA experience, I believe will be modified to an H1 to give me more time for the application.

My problem:
While travelling, I have got a girl pregnant. She is a Filipino and is currently in the Philippines. Obviously I am looking into all options. Please spare me the moral decisions, I just want information on how easy it would be to marry her and bring her (and child) to the USA as my spouse and dependent on an L1B, and also whether this would affect the green-card application, transfer to the H1 etc. This may not be the answer to my problem, but if it were the chosen route I want to know how much effort I am in for. I do not want to rock the boat too much as my company are taking care of any visa/green-card issues.
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Old Dec 21st 2009, 1:34 am
  #4  
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Default Re: Marriage questions By and For Non-USC

If the child is born in the US, he/she would automatically be a USC.
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