B1 to F1 to H1B and Family based GC

G

Gmoney78

New Member
Hi,
I came to US in 1999 on Business Visa with my parents. My parents decided to stay back and start a business which they did. So i changed my visa to F1 and last year to H1B. My parents became US Citizens in June 2010.
Now i have two questions:

1. Is it safe for me to go to India and stamp H1B. I haven't being out of US since 1999.
2. I filed for GC under through First category under family based as I am 32 years unmarried child. I am engaged and my parents are delaying my wedding because of I am very close to GC. My priority date is July 06 and right now it is Feb 06.

What should i do so that i can get married and get my GC at the same time. I am vey confused because i am scared of going to India for H1B stamping and if i get married in US my GC might get affected.

If i get married under common law (Not in temple/court) and INS comes to know i am married will my GC be affected.

Gmoney
 
Married is married. In the US, religious leaders file marriage certificates for ceremonies they perform. Do not attempt fraud by claiming to be single when you have a wife.

Common law marriages (living together while holding yourselves out as a couple) are only recognized in a few states.

You need to get your GC and then marry.

Why are you so worried about stamping? Are you currently out of status and needing to reenter to regain H1B status?
 
Ok then I will not try to marry in US. Now I am worried about stamping because i came on Business Visa and then changed to F1 and now H1B. I have a legal and valid H1B but my passport still has expired business visa. I am worried because people around me told me that if you do the stamping in India they might refuse it because i came on Business Visa and embassy might thing my intentions were wrong.
I know i cannot marry in US and that is why i was thinking of going to india to marry but then will i have a problem in H1B stamping.
 
Did you fall out of status while waiting for the H1-B? Did USCIS inform you that you MUST go abroad to get a visa at a consulate? Were you eligible for the classification but denied change of status?
 
Gmoney78 said:
I know i cannot marry in US and that is why i was thinking of going to india to marry but then will i have a problem in H1B stamping.
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You cannot marry anywhere before you get the GC, if you don't want to be pushed out of the family 1st preference category into the slower 3rd preference.

On the other hand, marrying would enable the benefit of H4 for your spouse, so she could live with you in the US while you wait a few more years for 3rd preference to become current for you.

But it might be more sensible to wait for your PD to become current, then file for AOS and get the GC, and then after the GC get married and file an F2A petition for your new spouse.

I have a legal and valid H1B but my passport still has expired business visa. I am worried because people around me told me that if you do the stamping in India they might refuse it because i came on Business Visa and embassy might thing my intentions were wrong.
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That is nothing to worry about if you have continuously maintained legal status since entering in 1999. To deny H1B stamping after you already have an approved petition, they need a much solid reason than "your intentions were wrong"; it's not like tourist visas where they can deny you for any arbitrary reason.
 
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Jackolantern said:
He must go abroad to get married, because his fiancee apparently cannot get a visa to enter the US and marry him.
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I'm referring to the H1-B visa. The I-129 is used to request classification AND a change of status (COS) for a beneficiary who is present in the U.S. He would only have to go back and get an H1-B visa from the consulate if he was denied COS. That's what I'm asking about.

His goofy marriage issue is too "yuck" for me to want to address, but here goes.

Hey, kid, don't enter a fake marriage and if you enter a real marriage don't try to hide it. Immigration beneficiaries SUCK at lying and SUCK at covering up and SUCK at fraud altogether. If they were any good at it we wouldn't know it existed in the first place.
 
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