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H-2B Working Visa and Marriage in the U.S.

H-2B Working Visa and Marriage in the U.S.

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Old Apr 28th 2002, 10:30 am
  #1  
Love
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Default H-2B Working Visa and Marriage in the U.S.

I've searched and serached until my eyes are crossed trying to find any restrictions
on marrying someone in the u.s. on a H-2B working visa. Me in the u.s. and him in the
carribean have been dating for two years. He was approved for a working visa and
worked in the u.s. for 3 months and now he's gone back well we decided to get married
however his job wants him back and he's filed for another H-2B working visa. We
thought it would be dangerous to file a K-1 fiancee visa on top of that as the INS
would think something was fishy. The questions is can we marry while he is in the
u.s. on the H-2B w/o penalty and then file for the permanent residence status? We
dont want to do anything against the law. Thanks in advance for all your help.
 
Old Apr 29th 2002, 6:30 pm
  #2  
Sylvia Ottemoel
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Default Re: H-2B Working Visa and Marriage in the U.S.

Love wrote:

    > I've searched and serached until my eyes are crossed trying to find any
    > restrictions on marrying someone in the u.s. on a H-2B working visa. Me in the u.s.
    > and him in the carribean have been dating for two years. He was approved for a
    > working visa and worked in the u.s. for 3 months and now he's gone back well we
    > decided to get married however his job wants him back and he's filed for another
    > H-2B working visa. We thought it would be dangerous to file a K-1 fiancee visa on
    > top of that as the INS would think something was fishy. The questions is can we
    > marry while he is in the u.s. on the H-2B w/o penalty and then file for the
    > permanent residence status?

Yes, you can do this if you wait for 60 days after his entry in H-2B status before
marrying, and if your marriage is sort of "spur of the moment" and not obviously
planned for a long time. Because H-2B status requires temporary intent, you want to
avoid him being accused later of preconceived immigrant intent.

You would file Forms I-130/I-485/I-765/I-131 with the INS district office for your
residence, as soon as you have the official certificate marriage certificate from the
hall of records.

We dont want to do
    > anything against the law. Thanks in advance for all your help.
 

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