TonyC

I have a long standing well documented relationship with a US citizen, and as the five year anniversary looms, I have decided that it's time to put that ring on her finger.

Our first date was on St.Vs in Dublin, so it is fitting for this to happen next Feb, back in Dublin.

I am currently an H1, which will be ending it's first year in March 2003.

Now, if all goes well I will be returning to the US with a fiancee - which is fine, except that to the letter of INS law I believe I have to state that my intent has changed to the INS officer....

I could omit the fiancee thing, but then I would be required to give details of the proposal at a later date, when it would become clear that I entered the US with a different intent than the one I did (even though my H1 status will still be valid).

Having had dealings with US Immigration before, I have found that the best policy is to be completely up-front with all information.

The however is that I want this to be perfect for my dearest and I want the legal stuff to work too.

So, any advice please.

Thanks

Tony
(UK)

Mrs_blackross

Andy is our resident expert on H1's, but I can tell you that the H1 is considered
dual-intent, which means you can enter as a non immigrant using it, and still have
the intent to stay and adjust status. As long as you plan to keep your H1 valid by
working for the same employer etc, you should be able to enter the US using it, even
with your new fiance. Things only change once you actually get married and file your
AOS. Andy, correct me if I am wrong please

"TonyC" <[email protected]> wrote in message
news:[email protected]...
    > I have a long standing well documented relationship with a US citizen, and as the
    > five year anniversary looms, I have decided that it's time to put that ring on
    > her finger.
    >
    > Our first date was on St.Vs in Dublin, so it is fitting for this to happen next
    > Feb, back in Dublin.
    >
    > I am currently an H1, which will be ending it's first year in March 2003.
    >
    > Now, if all goes well I will be returning to the US with a fiancee - which is fine,
    > except that to the letter of INS law I believe I have to state that my intent has
    > changed to the INS officer....
    >
    > I could omit the fiancee thing, but then I would be required to give details of the
    > proposal at a later date, when it would become clear that I entered the US with a
    > different intent than the one I did (even though my H1 status will still be valid).
    >
    > Having had dealings with US Immigration before, I have found that the best policy
    > is to be completely up-front with all information.
    >
    > The however is that I want this to be perfect for my dearest and I want the legal
    > stuff to work too.
    >
    > So, any advice please.
    >
    > Thanks
    >
    > Tony (UK)
    >
    >
    >
    > --
    > Posted via http://britishexpats.com

Andy Platt

"TonyC" <[email protected]> wrote in message
news:[email protected]...
    > I have a long standing well documented relationship with a US citizen, and as the
    > five year anniversary looms, I have decided that it's time to put that ring on
    > her finger.
    >
    > Our first date was on St.Vs in Dublin, so it is fitting for this to happen next
    > Feb, back in Dublin.

Does your girlfriend know? I kept the date I was going to propose a secret for a year
and that's blooming difficult, particuarly when you get the hints. In my case I
fooled her by proposing on my 30th birthday which she completely wasn't expecting,
rather than on the romantic vacation to Italy where she was expecting it!

    > I am currently an H1, which will be ending it's first year in March 2003.
    >
    > Now, if all goes well I will be returning to the US with a fiancee - which is fine,
    > except that to the letter of INS law I believe I have to state that my intent has
    > changed to the INS officer....
    >
    > I could omit the fiancee thing, but then I would be required to give details of the
    > proposal at a later date, when it would become clear that I entered the US with a
    > different intent than the one I did (even though my H1 status will still be valid).

There are no issues here. Your intent is already to remain in the US and, it doesn't
matter - H-1Bs are dual-intent. You can shout your intentions as loud as you like,
but you don't need to. The first time you need to do anything with INS is when you
file to adjust status. I returned to the US as a fiance of a US citizen three times
and once as the spouse (after our honeymoon) before "informing" the INS (by filing to
adjust status). It's a complete non-issue.

Andy, (ex. H-1B, now permanent resident)

--
I'm not really here - it's just your warped imagination.

TonyC

Mrs_B, Andy...

Thanks a million.... I was a little worried.

She does no know yet - I'm certain that she will suspect this, after all it will be five years to the date, on Feb 14th in Dublin...

Thanks again

Tony