Marrying an H1 Visa Holder

[kenny1982]

Hello All-
I am new to this forum and am here to seek advice from anyone who can help. I am from Boston and my girlfriend lives in NY. My girlfriend is a holder of one of them work permits, I think its called H1 B or something like that of which allows foreign people (non-US Resident) to stay and work in the United States. I am a US Citizen and I plan on marrying her. I am thinking to get a marriage certificate through Boston city hall. My question stem from the fact that if i get married with her and file a I-130 application, during the application process, is she able to work in the US without the H1 visa (i.e, she can apply for a different job in the US without the need of the H1 visa support)? Also uscis.gov states the person who is the sponsoring must prove that they can support you at 125% above the mandated poverty line, by filling out an Affidavit of Support. My income is relatively low, however she has a more steady income than myself. Is that going to be a problem in my application process.
Any help on this matter will be greatly appreciated.
Thanks

[austriacus]

Welcome to this forum! Your future wife cannot work for another employer until her employment authorization document (EAD) is approved. This typically happens in approx. the 3rd month after you file I-485 (most likely you will file I-130 and I-485 concurrently).

Your wife's income can be included for purposes of maintaining above 125% poverty line, or you can also get an additional sponsor. But if your affidavit is based on her income, then she needs to show that her income continues from this source, in which case it would be difficult for her to quit her H-1B job before the AOS is approved. In fact it's typically safer not to quit the H-1B to preserve a valid status if problems arise during the AOS, but I'm sure you'd want to live together (and the USCIS wants you to live together too) so you have to weigh your options.

[kenny1982]

Thanks Austriacus! It seems like my situations is pretty much like what you have already went through. Do you think it is worth it to get a lawyer to help me out? I am pretty much in a financial contraint at the moment but if the process is too complicated I would definitely hire a lawyer. My girlfriend has already book tickets to go back to her country to visit her family for about 2 and a half week at the end of december. I have read around in the forum and if i submit the paperwork now, people are saying that she would need advance notification from the state to travel to her country. Because my girlfriend have a passport, is this advance notification still apply or should i play it safe and wait for her to come back from her vacation in her country then begin the application process?

[LucyMO]

no need for a lawyer, unless you are absolutely unable to read the instructions to the forms, fill them out and supply copies of all the docs the instructions list.

If she in fact has H1b, she doesn't need an advance parole.

[kenny1982]

Thanks Lucy. I am trying to plan everything before it happens and i am starting to get a little paranoid especially when it comes time for an interview with the immigration officer. I do not want to go through a traditional marriage where family members meets together and join the ceremony. I plan to marry my girlfriend in a city hall with no members of either family being present. I know it sounds kind of shady but neither me nor my girlfriend are really into the traditional ceremonial marriage. Also she lives in NY whereas I live in Boston. She is also 6 years older than me. We see each other every weekend and i have met her family when i went on a vacation to her country last year. We been together for 2 years now and thought it was a good idea to settle down with each other. With all these factors in mind, do you guys think we may encounter problems during our application process or interviews. I read somewhere that immigration officers are very strict and trying to crack down on false marriage. Any thoughts on this would help.
Thanks Again, this forum is unbelievable helpful and i am grateful for every help i can get. :-)

[austriacus]

kenny1982, I'd like to add to LucyMo's answer the following caveat, your wife doesn't need advance parole to travel IF she remains in H-1B status. You may or may not decide to apply for an EAD, but if she were to start working using her EAD rather than H-1B (or quit her H-1B job and do nothing), then her H-1B status is gone and she'd need AP to re-enter the country. Essentially, re-entering the country for her on H-1B means she re-enters with the intent to keep working for the H-1B employer (for the specific H-1B position). Does your wife have a valid H-1B visa stamped in her passport? (This is different from her H-1B valid status in the US.)

About your marriage plans, I see no problem with them. The USCIS would like to see that you know each other's families and that they approve of the marriage, so photos where you are shown with her family and she with your family would be great. You're right that the immigration officers try to identify false marriages; in fact the burden of proof to convince them you have a good faith marriage is on you and your wife. If you don't live together yet when you have your interview, that fact might become a central part of the interview. They'll ask you to explain in detail how and why you met if you're apart, why you don't live together and your future plans to live together. Just be well prepared with lots of proof!

[guynew28]

I (US citizen) was not working when I married my husband who was having H-1 visa. Our lawyer said since my husband had been financially supporting me. We had to wait 6 months before I can file green card for him. Now, 4 years later, my husband just became a US Citizen.

In your situtation, you can get married first, let her keep her current status and go visit her family. 6 months after you married, file I-130/I-485/I-765/I-131 for her. I should take less than 6 months to get green card (it took my husband 5 months at Vermont Service Center)

[kenny1982]

My concerns is that i have never taken any pictures with her family nor has she taken any with mines. My family probably would not approve of the marriage so i am doing it without their knowledge. She has been visiting me every single weekend for the past 2 years, taking the bus down to boston every friday night after work. She knows my family farely well, however i do not know much about her family since i dont have the leisure to travel half the world to meet them often. I stayed 3 weeks at her family place for a vacation and that was about the only time i ever met them. As of current she is having a lot of distress at her current company (of which spsonsor her with the H1B visa). I am afraid that if she gets fired or if she cant handle the work load she might have to go back to her country right away and that would further complicate the process. Is it a good idea to get married then after a week of marriage begin the application of the I-130 ? or is that too sudden?

[austriacus]

kenny1982, I'm not qualified to give relationship advice but it sure sounds like you're rushing into this marriage. I'd be concerned about your family not knowing about it, not just for USCIS purposes but in general about your future relationship with your relatives. Having to leave when one is fired is a daily reality of H-1B holders, I'm sure it distresses all of them. Have you evaluated the alternatives to getting married right away? She could switch H-1B employers for example. (She could start right away with the new employer when they file for a new H-1B petition.) Worst case if she does have to go back, you can also have her come back on a K1 (fiancee) or K3 (citizen spouse) visa.

But to answer your question, you can file I-130 anytime after you get married.

[LucyMO]

kenny,

Get married, have her move in with you, apply for AOS (I-130 and I-485) and live happily ever after. You need to produce proof of joint life, so start adding your soon-to-be wife to your utility bills, credit cards, car insurance, mortgage, bank accounts, etc, as soon as you can/want (preferable after the wedding, or a couple weeks before the wedding so you'd have hard copies to attach to the applications). Send copies, not originals.

[austriacus]

I sense that LucyMo didn't quite agree with me on not rushing into the marriage. Well, I just want to make sure you get married for the right reasons. If you feel like it's the right thing to do, as LucyMo said, go for it and start gathering the evidence she suggested!

[guynew28]

I had never met my husband's parents and he had never met my parents before we got married because both of our parents live in different countries other than USA.
We moved in together in March, got married in May, applied for his green card in Nov. Our lawyer suggested us to wait 6 months since i were not working and I was the one who sponsored his green card. There must be a reason why lawyer wanted us to wait 6 months. I remember she said it's the law.

[guynew28]

Sorry, something is wrong with my laptop and it got posted many times.

[TheRealCanadian]

Originally Posted by guynew28

There must be a reason why lawyer wanted us to wait 6 months. I remember she said it's the law.

There's no such law, and one should not assume that there's a valid reason why an attorney would tell you something.

[constructus]

Originally Posted by austriacus

kenny1982, I'm not qualified to give relationship advice but it sure sounds like you're rushing into this marriage. I'd be concerned about your family not knowing about it, not just for USCIS purposes but in general about your future relationship with your relatives. Having to leave when one is fired is a daily reality of H-1B holders, I'm sure it distresses all of them. Have you evaluated the alternatives to getting married right away? She could switch H-1B employers for example. (She could start right away with the new employer when they file for a new H-1B petition.) Worst case if she does have to go back, you can also have her come back on a K1 (fiancee) or K3 (citizen spouse) visa.

But to answer your question, you can file I-130 anytime after you get married.

I thought this was an IMMIGRATION FORUM. I did not know it was a MARRIAGE COUNSELING FORUM.

Not just immigrant/USC marriages may turn out to be a mistake. That's just a risk everyone takes. Who are we on a forum to tell people to wait before they get married?

OP, if you guys are in love, GO FOR IT. You will never know.

Some people know each other for 10 years, then get married, and get divorced 1 year later.

Love works in mysterious ways.

Good luck.

[austriacus]

constructus, in case you haven't noticed yet, relationship decisions and immigration decisions are often closely tied in this specific sub-forum. If you read my response again you'll understand I'm actually giving immigration advice, i.e. informing the OP who seems very concerned about the employment situation of his girlfriend and has a sense of urgency that several alternatives exist to getting married right away; of course I don't know how important her current situation was in their decision to get married at this time but I thought it was prudent to comment on alternatives that would address his girlfriend's immigration situation. If what I said doesn't apply in their case, and they both have a strong desire to get married right now, then all the better. I'd be very happy for them and wish them the best of luck.

[constructus]

Originally Posted by austriacus

constructus, in case you haven't noticed yet, relationship decisions and immigration decisions are often closely tied in this specific sub-forum. If you read my response again you'll understand I'm actually giving immigration advice, i.e. informing the OP who seems very concerned about the employment situation of his girlfriend and has a sense of urgency that several alternatives exist to getting married right away; of course I don't know how important her current situation was in their decision to get married at this time but I thought it was prudent to comment on alternatives that would address his girlfriend's immigration situation. If what I said doesn't apply in their case, and they both have a strong desire to get married right now, then all the better. I'd be very happy for them and wish them the best of luck.

AUSTRIACUS!! Message received and understood. But you and your wife if I remember well do not live together at this time, right?

Imagine if someone had told you or your wife that since the both of you aren't going to live together for some time (which is what the majority of couples do) you should postpone your marriage?

That's not really anyone's business here to tell you that. If that works for you: GOOD!!! Some others may see that as not possible. It all depends on you and your wife's situation. For you it works for others that results in divorce. You never know what can happen, and we know no body on this forum so lets give them the benefit of the doubt. They may really really love each other, so my point is "let's let them" decide when they are ready and not tell them to wait or to do it now. Only people who know them can adventure themselves in that endeavor.

BTW, the way I saw it, your advice on them not rushing things wasn't based on the existence of other options, but on the strength of their relationship.

Sorry if I got that wrong. I have read you here a lot, and I know that ultimately you meant well.

PEACE.

[austriacus]

constructus, thanks for your answer. Of course I hope that the OP and his girlfriend have a strong relationship and I wish them well. And, of course I don't know much about their situation and I only commented on the alternatives to getting married right away in case it was relevant to their relationship. Let's say if it helps 1 in 100 people like the OP's case then at least I've helped that person, even if the 99 others ignore my comment because they have a strong relationship anyway. So kenny if your relationship is strong just ignore me!

It's true that people might question why my wife and I got married at this time even though we live apart, and I wouldn't have a problem with it because I understand why it is. In fact we had arrived at the decision when to get married over a period of several years. Actually, for a while we got a lot more people asking why we're not married yet than the other way around.

But we also went through the stress of my presence in this country not being guaranteed on a daily basis, like the OP's girlfriend, and our families had their differences too and grew to appreciate one another over time. Perhaps that's why I thought I could relate, and suggested them to take their time because it was my personal experience that we waited for a long time. But everyone's experience is different, I understand that, and I hope the OP takes my and everyone else's advice and forms his own picture of what to do in his situation!

[constructus]

OP you have got some good advice from many people here. Hope everything works well for you.

Austriacus, there is no bad blood here. Thanks for your help in the forum.

[kenny1982]

Thank you all for your advices. They are really good and I really do appreciate them. I am sure once i submit the I-130 and the rest of the paper work, i will be looking to this forum for help. It is always better to get feedbacks from those who had already experience the process of submitting the applications. Sorry to those who felt that this was a marriage consulate, my intention was to basically seek advice on ways to avoid getting my girlfriend's application from being denied givin my situation. We have an extremely strong relationship and I am trying to keep her from having to move back to her country upon expiration/termination of her H1B status.
Thanks Again Everyone!

[LucyMO]

Originally Posted by austriacus

I sense that LucyMo didn't quite agree with me on not rushing into the marriage. Well, I just want to make sure you get married for the right reasons. If you feel like it's the right thing to do, as LucyMo said, go for it and start gathering the evidence she suggested!

well, they have been together for more than 2 years. That's hardly "rushing into marriage"... We married 8 months after we met. And I don't think we rushed in. Oh, and yes, I moved from another state to be with my husband - a week before the wedding.

[austriacus]

LucyMo, well in our case it was 6 years so perhaps I felt 2 years was rushed, I guess we all have different experiences.

kenny1982, good luck and yes that's what family based immigration is ultimately about, if you care for someone so much you want them to stay with you in this country. It looks like you have the best intentions and maybe we'll see you back here with any further questions you have in the future!