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Terminated H1B planning a marriage

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Terminated H1B planning a marriage

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Old Jan 14th 2004, 4:10 pm
  #1  
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Default Terminated H1B planning a marriage

Hello all,
Im in a bit of a pickle and would like some help in what I should do.

While I was employed as a H1B I got engaged (to a US citizen) and we are now planning the marriage. Im hoping we would get married in the next 6 months.

Today I got fired from my employer who is sponsering my H1B and Im now in a tricky situation.

Im going to try to find work, so I can legally stay here without worrying about marriage visas etc.

Im not sure what to do. If I don't find work and I leave the US, I guess she has to apply for a K1 which can take 6-12 months. Not ideal. I've lived here for 3 years and it will crazy to leave just for 6 months.

I don't want to stay here too long trying to find someone to sponser my existing H1B so I dont jeopardize my standing here. (Im dont think the INS will approve me staying here too long).

What happens if we get married now, while im still in the country? I entered the country as a H1B. I believe you can't marry if you enter as a Visa-Waiver, but that doesn't apply to me.

Could she then apply for a Adjustment Of Status for me without me leaving the country?

Thanks a great deal for any help/suggestions that you could provide.
jeffthebrit is offline  
Old Jan 14th 2004, 4:39 pm
  #2  
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Default Re: Terminated H1B planning a marriage

You certainly can AOS after you get married here. You can join the 81% (239,903) of 2002's spousal immigrants who did exactly what you are proposing to do.

Originally posted by jeffthebrit
Hello all,
Im in a bit of a pickle and would like some help in what I should do.

While I was employed as a H1B I got engaged (to a US citizen) and we are now planning the marriage. Im hoping we would get married in the next 6 months.

Today I got fired from my employer who is sponsering my H1B and Im now in a tricky situation.

Im going to try to find work, so I can legally stay here without worrying about marriage visas etc.

Im not sure what to do. If I don't find work and I leave the US, I guess she has to apply for a K1 which can take 6-12 months. Not ideal. I've lived here for 3 years and it will crazy to leave just for 6 months.

I don't want to stay here too long trying to find someone to sponser my existing H1B so I dont jeopardize my standing here. (Im dont think the INS will approve me staying here too long).

What happens if we get married now, while im still in the country? I entered the country as a H1B. I believe you can't marry if you enter as a Visa-Waiver, but that doesn't apply to me.

Could she then apply for a Adjustment Of Status for me without me leaving the country?

Thanks a great deal for any help/suggestions that you could provide.
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Old Jan 14th 2004, 4:56 pm
  #3  
Mrraveltay
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Default Re: Terminated H1B planning a marriage

jeffthebrit wrote:

    > Hello all,
    >
    > Im in a bit of a pickle and would like some help in what I should do.
    >
    >
    >
    > While I was employed as a H1B I got engaged (to a US citizen) and we
    > are now planning the marriage. Im hoping we would get married in the
    > next 6 months.
    >

Another option is to get married now and adjust status.
 
Old Jan 14th 2004, 11:15 pm
  #4  
Andy Platt
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Posts: n/a
Default Re: Terminated H1B planning a marriage

You'll find other posts if you look in google but the bottom line is that
it's not clear whether or not an H-1Ber is allowed to remain in the US with
no job until their I-94 expires or whether they have to depart sooner.
Recent "portability" changes have only confused this further.

If it was me I would probably have a quick civil ceremony now, file AOS and
then go ahead with the planned wedding in the future.

Andy.

--
I'm not really here, it's just your warped imagination
"jeffthebrit" <member20039@british_expats.com> wrote in message
news:[email protected]...
    > Hello all,
    > Im in a bit of a pickle and would like some help in what I should do.
    > While I was employed as a H1B I got engaged (to a US citizen) and we
    > are now planning the marriage. Im hoping we would get married in the
    > next 6 months.
    > Today I got fired from my employer who is sponsering my H1B and Im now
    > in a tricky situation.
    > Im going to try to find work, so I can legally stay here without
    > worrying about marriage visas etc.
    > Im not sure what to do. If I don't find work and I leave the US, I guess
    > she has to apply for a K1 which can take 6-12 months. Not ideal. I've
    > lived here for 3 years and it will crazy to leave just for 6 months.
    > I don't want to stay here too long trying to find someone to sponser my
    > existing H1B so I dont jeopardize my standing here. (Im dont think the
    > INS will approve me staying here too long).
    > What happens if we get married now, while im still in the country? I
    > entered the country as a H1B. I believe you can't marry if you enter as
    > a Visa-Waiver, but that doesn't apply to me.
    > Could she then apply for a Adjustment Of Status for me without me
    > leaving the country?
    > Thanks a great deal for any help/suggestions that you could provide.
    > --
    > Posted via http://britishexpats.com
 

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