Canadian on H1 marrying a USC

K

kpgraham

New Member
I am currently working in the US on an H1B visa and got engaged to a USC. I want to know the best way for us to get married without interupting my eligibility to work in the US and my eligibility to visit home and return to the US.

We were considering getting married in Canada but I was unsure if I would be able to cross the border afterwards or if I would have to wait in Canada for the paperwork to be completed.

Other options are to marry in the States and stay until I have the proper paperwork. Can I continue working after the wedding and before I receive the paperwork?

What forms do I need to fill out and when?

Thanks for any help,

Karen
 
here is my understanding. i think i am right.

since you are on H1 which allows immigration intention. you could get married anywhere and still could get in US on H1.

after you get married, you could goto
http://uscis.gov/graphics/formsfee/forms/i-485.htm

and file I-130, I-485. It will take 6 month to 1 year to get Greencard.

though you do not need it. You could also apply for I-131 for travel aboard. and EAD for work permit. But I do not think you need it.

The safest way for you is to get married in the US and stay here till you get AP (I-131). Then you could travel. It takes 3 months to get AP approval.
 
You have multiple options

If you are on H-1 you can continue to work after marriage - your eligibility to work is determined by your H-1 status, marriage has nothing to do with it.

You can choose to get married in the U.S or Canada. If you get married in Canada, you can come back to the U.S - you will be reentering on H-1.

After your marriage, you can file your I-130/I-485 package along with EAD and AP just to be safe i.e., if you get laid off or decide to quit.

You can travel based on H-1 (dont need AP approved to travel, as long as you have valid H-1) with no issues. You dont need to wait to get your AP approval before you travel, or have to apply for anything beforehand. H-1 is a dual-intent visa i.e., you can come back to the U.S even if you intend to immigrate.
 
Border Guards

Thanks for your replies.

Last year I was crossing into the US from Windsor to Detroit with my boyfriend (now fiance) and the border guard asked our relationship and after I said boyfriend-girlfriend he replied that it was a good thing because I would not be able to enter the US on my H1 if I was married to my boyfriend.

Is there some sort of documentation I can get that proves that I can enter the US on my H1 after marraige to a USC? It's the border guards that will be denying/granting my entry so I'm worried more about their understanding of the law then what the law actually says.

Thanks again for your help,

Karen
 
You should take this printout from the USCIS web site. If the border guard stops you, ask to speak to his supervisor.

http://uscis.gov/graphics/howdoi/h1b.htm#annual

Can an H-1B alien intend to immigrate permanently to the U.S.?

Yes. An H-1B alien can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward Lawful Permanent Resident status without affecting H-1B status. This is known as "dual intent" and has been recognized in the immigration law since passage of the Immigration Act of 1990. During the time that the application for LPR status is pending, an alien may travel on his or her H-1B visa rather than obtaining advance parole or requesting other advance permission from Immigration to return to the U.S.

Congratulations and Good luck with your wedding..
 
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