Getting married while holding H1-B

G

GMorgan

Registered Users (C)
I currently work in the US on an H1-B visa. However, I am getting married to a US citizen in September and planning to work at the same place afterward.

My question is that after getting married and before filing all the paperwork for a Greencard, can I still leave and enter the US using my H1-B visa without any problem? I am planning to do some traveling after getting married, and just need to make sure that I’ll be allow to enter the US.

Could someone please kindly verify this info? Thank you so much.

GMorgan
 
I think you should be able to come back to the US on H1-B, if you haven't filed any paperwork. That's just what I think though, take it with a grain of salt.
 
You can travel on H1B visa before you file for adjustment of status.

You can also file for travel documents called advance paroll along with your adjustment of status and also work permit .

H1B status is canceled when you use your Advance paroll to enter into the country or when you use work permit to get an employment.

Hope this helps
This is based on my experience but do consult good lawyer for right advice
 
I have additional questions. Sorry for joining from side... I'm in the same situation as GMorgan's.

Currently working in the US on H1B visa and getting married to a US citizen in September. However, even though I'm on a H1B, I don't have an actual visa stamp yet since I haven't traveled outside of the US after getting the approval on transferring the H1B status back in 01/2006.

I'm going to stay with my employer after September. Initially I was going to Japan this holidays, and get a visa stamp at the US consulate in Tokyo, then come back to the US. Also I'm planning to change my last name to my finace's after September.

So that being said, my question is whether I should travel outside of the US after the marriage.

I'm concerned that if there are possibilities that they will reject to issue a visa stamp or re-entry at the airport. Because I'm married to a Citizen and since under the H1B status my stay in the US is supposed be only "temporary", will they think that now I'm married I might stay "permanently" by eventually getting GC?

Well, it looks like if I want to travel under H1-B status, I should wait to file for GC after the trip... Could you tell me where you get your information? When I asked an attorney who filed for my H1-B, she mentioned that I can travel under H1-B even after I file for GC. But if it's not correct, I guess don't have options but to file I-131 to be able to travel? Is this correct?

If someone can clearly this, I really applicate it.
 
Fankey

marriage license is issued by city court not by DHS so when you use your H1B visa stamp to get entry they do not know if you are married.
look at it from different view you are married but this does not mean that you want to stay permanantly you can take your spouse to your contry of citizenship.

your intentation of staying permanantly is only when you file for your adjustment of status.

if you want to get married take your spouse to your contry it is fine .
you can apply for H1B visa and come back using your H1B status

This is the way I read the law but for right advice consult good lawyer
 
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