Can I get married in the US on a H-2A/H-2B Visa?
#1
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Joined: Jun 2018
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Can I get married in the US on a H-2A/H-2B Visa?
Hey there! My boyfriend and I were looking into filing a K1 petition so we can marry and be together. However I came across the possibility of non-skilled temporary work through a H-2A visa and there are a few places minutes from his house that take these workers it seems.
I am really confused about the legal complications of this, but could I enter the US on a H-2A visa for the agreed time of the visa, marry my boyfriend and adjust my status from within the US without it being illegal or would I have to return to the UK then send of the K1 forms and wait months?
My other thought was whether I could work in the US on a H-2A visa knowing how long it would last for and whilst doing this send off the K1 forms so I could work and stay in the US during the months they processed then return home for the embassy interview and medical to minimise time apart?
Apologies if this seems silly, but the idea of having to spend potentially 9 or so months apart isn't filling me with any sort of excitement so I am looking into anything! I appreciate any answers.
I am really confused about the legal complications of this, but could I enter the US on a H-2A visa for the agreed time of the visa, marry my boyfriend and adjust my status from within the US without it being illegal or would I have to return to the UK then send of the K1 forms and wait months?
My other thought was whether I could work in the US on a H-2A visa knowing how long it would last for and whilst doing this send off the K1 forms so I could work and stay in the US during the months they processed then return home for the embassy interview and medical to minimise time apart?
Apologies if this seems silly, but the idea of having to spend potentially 9 or so months apart isn't filling me with any sort of excitement so I am looking into anything! I appreciate any answers.
#2
Re: Can I get married in the US on a H-2A/H-2B Visa?
The H-2A won't exactly be quick to process. All of the visa wait times are sliding back at the moment. Personally I think you should just wait in line like everyone else, and visit on the VWP is eligible.
#4
Re: Can I get married in the US on a H-2A/H-2B Visa?
You can marry in any kind of status, including EWI, they don't care.
H-2A is typically valid for one year, however in reality it's only valid until your employment ends, then you have to leave within 10 days and you're talking about seasonal work (and it's bloody hard work). I doubt you could pull of AOS within that time frame if you actually want a green card in your hands, you can apply for AOS from VWP anyway, why bother (although you cannot enter with the intent of staying on the VWP.)
H-2A is typically valid for one year, however in reality it's only valid until your employment ends, then you have to leave within 10 days and you're talking about seasonal work (and it's bloody hard work). I doubt you could pull of AOS within that time frame if you actually want a green card in your hands, you can apply for AOS from VWP anyway, why bother (although you cannot enter with the intent of staying on the VWP.)