H-1B to Greencard via Marriage?

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Old Jun 19th 2002, 3:20 am
  #1  
Lord Hamster
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Posts: n/a
Default H-1B to Greencard via Marriage?

Hello everyone, I have a question for you. I've been looking through the newsgroup
log, but I'm finding conflicting... or rather unclear answers to my questions so
let me ask:

I am a Permanent Resident in the final stages of Naturalization. I expect to be sworn
in within the next 4 weeks. My fiancee is from China and is coming to the US next
week on an H-1B visa (she has masters in IT and is a database specialist).

We want to get married as soon as possible, however I have read on this newsgroup
that for people entering the US on a non-immigrant visa... a marriage soon after
entering the country is frowned upon. Is there a certain amount of time we should
wait before marrying?
 
Old Jun 19th 2002, 5:20 am
  #2  
Michele Sharik
Guest
 
Posts: n/a
Default Re: H-1B to Greencard via Marriage?

it's recommended to wait at least 60 days after entering the US.

Good luck!

--
-Michèle (US) & Brian (CAN) Detailed Timeline: http://ladysun1969.tripod.com Oct 11,
2000: met in person June 16, 2001: married in Las Vegas July 10, 2001: submitted
I-485/I-130 package (Cleveland) August 14, 2001: EAD & SSN August 17, 2001:
fingerprints August 21, 2001: AP January 21, 2002: moved to San Francisco May 28,
2002: AOS interview (SF) -- given 90 day Continuance for Medical Exam June 1, 2002:
INS Medical Exam June 14, 2002: CPR Approved!! WOO-HOO!

"Lord Hamster" <[email protected]> wrote in message
news:[email protected]...
    > Hello everyone, I have a question for you. I've been looking through the newsgroup
    > log, but I'm finding conflicting... or rather unclear answers to my questions so
    > let me ask:
    >
    > I am a Permanent Resident in the final stages of Naturalization. I expect
to
    > be sworn in within the next 4 weeks. My fiancee is from China and is
coming
    > to the US next week on an H-1B visa (she has masters in IT and is a
database
    > specialist).
    >
    > We want to get married as soon as possible, however I have read on this newsgroup
    > that for people entering the US on a non-immigrant visa... a marriage soon after
    > entering the country is frowned upon. Is there a
certain
    > amount of time we should wait before marrying?
 
Old Jun 19th 2002, 6:21 am
  #3  
Mrtravel
Guest
 
Posts: n/a
Default Re: H-1B to Greencard via Marriage?

Lord Hamster wrote:

    >
    > We want to get married as soon as possible, however I have read on this newsgroup
    > that for people entering the US on a non-immigrant visa... a marriage soon after
    > entering the country is frowned upon. Is there a certain amount of time we should
    > wait before marrying?

H1B is a dual intent visa. Marry as soon as you wish. If she wants to keep working
for her H1B employer, I recommend you NOT file for adjustment right away. The reason
for this is that if the adjustment approved after you have been married 2 years, she
will get permanent resident status without conditions.
 
Old Jun 19th 2002, 12:20 pm
  #4  
Andy Platt
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Posts: n/a
Default Re: H-1B to Greencard via Marriage?

Marry when you like, take your time filing for adjustment of status paperwork.
Although mrtravel recommends waiting a while, a lot will depend on the circumstances.
If she really enjoys her H-1B job and it's stable, wait a while; if she wants another
job she could file for her adjustment of status.

Andy.

--
I'm not really here - it's just your warped imagination. "Lord Hamster"
<[email protected]> wrote in message
news:[email protected]...
    > Hello everyone, I have a question for you. I've been looking through the newsgroup
    > log, but I'm finding conflicting... or rather unclear answers to my questions so
    > let me ask:
    >
    > I am a Permanent Resident in the final stages of Naturalization. I expect
to
    > be sworn in within the next 4 weeks. My fiancee is from China and is
coming
    > to the US next week on an H-1B visa (she has masters in IT and is a
database
    > specialist).
    >
    > We want to get married as soon as possible, however I have read on this newsgroup
    > that for people entering the US on a non-immigrant visa... a marriage soon after
    > entering the country is frowned upon. Is there a
certain
    > amount of time we should wait before marrying?
 
Old Jun 19th 2002, 3:20 pm
  #5  
Michele Sharik
Guest
 
Posts: n/a
Default Re: H-1B to Greencard via Marriage?

Ah, yes, "dual intent". I'd forgotten. mrtravel is correct - no need to wait 60 days.

--
-Michèle (US) & Brian (CAN) Detailed Timeline: http://ladysun1969.tripod.com Oct 11,
2000: met in person June 16, 2001: married in Las Vegas July 10, 2001: submitted
I-485/I-130 package (Cleveland) August 14, 2001: EAD & SSN August 17, 2001:
fingerprints August 21, 2001: AP January 21, 2002: moved to San Francisco May 28,
2002: AOS interview (SF) -- given 90 day Continuance for Medical Exam June 1, 2002:
INS Medical Exam June 14, 2002: CPR Approved!! WOO-HOO!

"mrtravel" <[email protected]> wrote in message
news:[email protected]...
    > Lord Hamster wrote:
    >
    > >
    > > We want to get married as soon as possible, however I have read on this newsgroup
    > > that for people entering the US on a non-immigrant visa... a marriage soon after
    > > entering the country is frowned upon. Is there a
certain
    > > amount of time we should wait before marrying?
    >
    > H1B is a dual intent visa. Marry as soon as you wish. If she wants to keep working
    > for her H1B employer, I recommend you NOT
file for
    > adjustment right away. The reason for this is that if the adjustment
approved
    > after you have been married 2 years, she will get permanent resident
status
    > without conditions.
 
Old Jun 19th 2002, 4:20 pm
  #6  
Baked
Guest
 
Posts: n/a
Default Re: H-1B to Greencard via Marriage?

If you have an H1-B are you exempt from the requirement for advanced parole? Since
the H1-B is a multi-entry VISA does that give you permission to leave and re-enter
the country at will or do you still need to get advanced parole?

I have an H1-B but I still applied for the advanced parole anyways (I even applied
for a K-3 just in case my employer tanks). I have no idea if this is going to
cause problems but I figure I have at least 3 years to work it all out before my
H1-B expires!

; )

"mrtravel" <[email protected]> wrote in message
news:[email protected]...
    > Lord Hamster wrote:
    >
    > >
    > > We want to get married as soon as possible, however I have read on this newsgroup
    > > that for people entering the US on a non-immigrant visa... a marriage soon after
    > > entering the country is frowned upon. Is there a
certain
    > > amount of time we should wait before marrying?
    >
    > H1B is a dual intent visa. Marry as soon as you wish. If she wants to keep working
    > for her H1B employer, I recommend you NOT
file for
    > adjustment right away. The reason for this is that if the adjustment
approved
    > after you have been married 2 years, she will get permanent resident
status
    > without conditions.
 
Old Jun 19th 2002, 5:20 pm
  #7  
Mrtravel
Guest
 
Posts: n/a
Default Re: H-1B to Greencard via Marriage?

Andy Platt wrote:
    >
    > Marry when you like, take your time filing for adjustment of status paperwork.
    > Although mrtravel recommends waiting a while, a lot will depend on the
    > circumstances. If she really enjoys her H-1B job and it's stable, wait a while; if
    > she wants another job she could file for her adjustment of status.

Didn't I recommend waiting awhile IF she wanted to keep her H1B job?
 
Old Jun 19th 2002, 5:20 pm
  #8  
Mrtravel
Guest
 
Posts: n/a
Default Re: H-1B to Greencard via Marriage?

Michele Sharik wrote:
    >
    > it's recommended to wait at least 60 days after entering the US.
    >
    > Good luck!

Why?? If she has an H1B, why would INS carry if she marries now or 2 years from now?
On an H1B, she is permitted to live in the US. It's not like she needs to get married
right away to stay in the US.
 
Old Jun 19th 2002, 5:20 pm
  #9  
Andy Platt
Guest
 
Posts: n/a
Default Re: H-1B to Greencard via Marriage?

Although the INS issued regulations about being able to continue to use H-1B visas
while pending adjustment of status, they left them half-baked and unusable by those
adjusting status through a local INS office. You are silly applying for a K-3 visa,
sorry but that's a big waste of cash. As an H-1Ber you just adjust status - you can
apply for an EAD to continue working (and if you use the AP you'll no longer be an
H-1Ber and will *need* that EAD to continue working).

Andy.

--
I'm not really here - it's just your warped imagination. "Baked" <[email protected]>
wrote in message news:[email protected]...
    > If you have an H1-B are you exempt from the requirement for advanced
parole?
    > Since the H1-B is a multi-entry VISA does that give you permission to
leave
    > and re-enter the country at will or do you still need to get advanced parole?
    >
    > I have an H1-B but I still applied for the advanced parole anyways (I even applied
    > for a K-3 just in case my employer tanks). I have no idea if this is going to cause
    > problems but I figure I have at least 3 years to work it all out before my H1-B
    > expires!
    >
    > ; )
    >
    >
    >
    >
    >
    > "mrtravel" <[email protected]> wrote in message
    > news:[email protected]...
    > > Lord Hamster wrote:
    > >
    > > >
    > > > We want to get married as soon as possible, however I have read on
this
    > > > newsgroup that for people entering the US on a non-immigrant visa... a marriage
    > > > soon after entering the country is frowned upon. Is there a
    > certain
    > > > amount of time we should wait before marrying?
    > >
    > > H1B is a dual intent visa. Marry as soon as you wish. If she wants to keep
    > > working for her H1B employer, I recommend you NOT
    > file for
    > > adjustment right away. The reason for this is that if the adjustment
    > approved
    > > after you have been married 2 years, she will get permanent resident
    > status
    > > without conditions.
    >
 
Old Jun 19th 2002, 5:20 pm
  #10  
Andy Platt
Guest
 
Posts: n/a
Default Re: H-1B to Greencard via Marriage?

Yes you did!

Andy.

--
I'm not really here - it's just your warped imagination. "mrtravel"
<[email protected]> wrote in message news:[email protected]...
    >
    >
    > Andy Platt wrote:
    > >
    > > Marry when you like, take your time filing for adjustment of status paperwork.
    > > Although mrtravel recommends waiting a while, a lot will
depend
    > > on the circumstances. If she really enjoys her H-1B job and it's stable, wait a
    > > while; if she wants another job she could file for her adjustment
of
    > > status.
    >
    > Didn't I recommend waiting awhile IF she wanted to keep her H1B job?
 
Old Jun 19th 2002, 6:20 pm
  #11  
Michele Sharik
Guest
 
Posts: n/a
Default Re: H-1B to Greencard via Marriage?

keep reading - I recanted.

"mrtravel" <[email protected]> wrote in message
news:[email protected]...
    >
    >
    > Michele Sharik wrote:
    > >
    > > it's recommended to wait at least 60 days after entering the US.
    > >
    > > Good luck!
    >
    > Why?? If she has an H1B, why would INS carry if she marries now or 2 years from
    > now? On an H1B, she is permitted to live in the US. It's not like she needs to get
    > married right away to stay in the US.
 
Old Jun 19th 2002, 10:20 pm
  #12  
Lord Hamster
Guest
 
Posts: n/a
Default Re: H-1B to Greencard via Marriage?

Thanks for all the answers! To tell you the truth, I'd perfer to get her to do AOS as
soon as possible. If for some reason god forbid the company goes under, then on an
H-1B she'd need to find another job quickly to stay. However, if she had EAD or green
card, she could still stay.

This is good news. Thanks for all your advice!

"mrtravel" <[email protected]> wrote in message
news:[email protected]...
    >
    >
    > Andy Platt wrote:
    > >
    > > Marry when you like, take your time filing for adjustment of status paperwork.
    > > Although mrtravel recommends waiting a while, a lot will
depend
    > > on the circumstances. If she really enjoys her H-1B job and it's stable, wait a
    > > while; if she wants another job she could file for her adjustment
of
    > > status.
    >
    > Didn't I recommend waiting awhile IF she wanted to keep her H1B job?
 
Old Jun 20th 2002, 8:20 am
  #13  
Mrtravel
Guest
 
Posts: n/a
Default Re: H-1B to Greencard via Marriage?

Lord Hamster wrote:
    >
    > Thanks for all the answers! To tell you the truth, I'd perfer to get her to do AOS
    > as soon as possible. If for some reason god forbid the company goes under, then on
    > an H-1B she'd need to find another job quickly to stay.

If the company, she could file for AOS then without a problem.
 

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