Medic

Hi All,

I'm currently working in the US on an O-1 visa. I'm in status with 2 years remaining on the O-1 and have decided to get married to my US sweetheart.

What's the situation with my visa once we file the marriage papers?

I know that I'll get an EAD around 3 months later which I means I can work for anyone but if I leave the country for my honeymoon will I be able to get back in on my O-1 or does filing for marriage take me out of status on the O-1?

Many thanks for sharing the knowleadge on this forum.

M.

Elvira

YOu will only get an EAD if you file for one with your AOS application.

As far as I know you can continue to travel on your O1 UNTIL you file for AOS. Once you file, you'll probaby be in 'pending adjustment' status, so probably need Advance Parole, which also takes 1-3 months to get.

Medic

Hmmmm, thought so.... Ok, thanks for the info, looks like a honeymoon in Hawaii then :-)

ian-mstm

Hawaii is very nice, but I wouldn't leave the mainland. If the plane develops problems and has to land anywhere that is *not* US soil... you will very quickly find out the meaning of the phrase "up the creek..."

Ian

Noorah101

I totally agree....take the honeymoon within the continental USA, just in case.

Rene

Medic

Haha, what can go wrong no doubt will.....

Rete

If your visa the O-1 is the same as say the J visa or the H visa, then as long as you are still employed by the person/company who sponsored your visa, even if you married and filed for adjustment you can still use the O-1 visa travel and continue employment with the same employer. Marriage and filing does not negate that visa. If you stop working for them and use an EAD for employment with someone else, then your O-1 is invalid and you need advance parole to travel.

Why not do the smart thing and get a one time consultation with an immigration attorney.

andrea874

We went to Hawaii for our honeymoon - actually we got married there. It was awesome. Highly recommend it, other than what other people mentioned about it being a slight risk if something should happen with the plane!