H1B and derivative status

S

stablewatch

New Member
I am currently in E2 status and I have been approved for H1B status effective 10/1/06 in order to apply for PR.
I am leaving the country early October and hence, I will have to get my new Visa issued and affixed to my passport. My lawyer had send me form DS156 and DS157 which ask for my marital status.
I am currently divorced but planning to get married before my trip to Europe. My fiance is a non-US-citizen and lives legally in the US as an Asylee. Form DS156 is asking for the status of family members who are already living in the US. If I mention my fiance will this affect her status? She cannot abandon her status and I don't want her to have derivative H4 status. She can apply for PR herself in March next year.
Please advise if it is recommendable to get married before getting my new H1B Visa. Is it advisable to wait with the marriage until she gets her GC? In which way can our marriage affect her Asylee status?? Please advise

Thanks
 
stablewatch said:
I am currently in E2 status and I have been approved for H1B status effective 10/1/06 in order to apply for PR.
------------- what you mean by PR? H1 is nonimmigrant status with dual intent. H1 visa stamp is not Permanent Residence .Hi visa stamp is to enter US and then work for the US employer who filed H1 petition for you.
I am leaving the country early October and hence, I will have to get my new Visa issued and affixed to my passport. My lawyer had send me form DS156 and DS157 which ask for my marital status.
I am currently divorced but planning to get married before my trip to Europe. My fiance is a non-US-citizen and lives legally in the US as an Asylee. Form DS156 is asking for the status of family members who are already living in the US. If I mention my fiance will this affect her status? She cannot abandon her status and I don't want her to have derivative H4 status. She can apply for PR herself in March next year.
Please advise if it is recommendable to get married before getting my new H1B Visa. Is it advisable to wait with the marriage until she gets her GC? In which way can our marriage affect her Asylee status?? Please advise
--------------------------------------- talk to your lawyer I dont know much about Asylee

Thanks
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