H1b, engaged, just told job ending. Do I marry now?

SuziePA

New Member
Hi, I'm currently working in PA with an H1b visa but have a B1/2 as well. I'm also due to be married in Sept but my fiance lives in NY. My boss informed me today that after budget discussions, our project will be shut down by end of this month. Should I move up the wedding date (and cancel everything already scheduled)? Will I be able to do everything in 2 weeks to submit the paperwork while still working full time? City Hall requires that both of us be present just to pick up the license and my boss is not willing to give me a day off to go get married and my fiance just started a new job last week so he can't get time off. Please, any advice you can offer, I would really appreciate.
 
I don't know if two weeks is enough. Getting the certified marriage certificate itself requires several weeks, depending on the place. There are a lot of documents you need for Adjustment of Status, including your birth certificate from your birth country.

You could get married now and file for Adjustment of Status ASAP, or you could even wait until September and get married when you originally planned to, and then file for Adjustment of Status ASAP. As the spouse of a U.S. citizen, you don't need to be in status to file for Adjustment of Status, so you don't need to worry about filing exactly before you go out of status. However, the period of time after you become out of status and before you file for Adjustment of Status you will be deportable, and there is a tiny but nonzero risk that you might get picked up by immigration somehow during this time and deported.
 
I would like to file asap, so that I won't be out of work for too long ( i like work ). I would rather go to him in NY when I leave PA, rather than go home and then come back. Won't me being out of status between the time I marry/file delay hurt my processing? I am looking at the requirements, do I do the medical now or wait 'til I get married. I just don't like this limbo.

I always travel with my birth certificate so I have that. And thankfully, he is a very organized person so he has all his personal documents together. What we would need though are affidavits, print outs of our photos, passport photos, and the medical exam.
 
You can do the medical as early as 12 months before filing for Adjustment of Status, and you don't have to be married at the time of the medical, even if you're applying for a marriage-based green card. So schedule the medical ASAP.
 
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