HELP! Getting married to H2B Visa Fiance

[HopefulnND]

My fiance was originally told he'd be extended in Dec 2009 through the winter and we were planning a Jan 2010 wedding. He was just informed the other day they are no longer extending any H2Bs where he is working and his Visa is up 12/1/09!

I'm stressing as I want everything to be legal for him without reason to deny us after we marry.

What I want to know is... because he is in a different state, can he travel here, marry me knowing he will not return to his job and still be ok? Or will this look funny and with the preknowledge he isn't returning cancel his current Visa? Or do I need to travel to him and make it legal in his current state then move him back to me a day later?

Please help. I'm just seeking to make sure all it on the up and up with no funny business (as is he).

Also, after we marry, can he work after we file our papers with the expedition funds sent as well? Or will this allow him temporary employment?

Thank you in advance.

 

[Hopeful2009]

Hi!
I totally relate to your situation as that was me and my fiancee two weeks ago... Well almost I have a H2b that expires a few weeks before your fiance... And my bf proposed 2 weeks ago... So a lot to do in a short space of time.

What we are doing is eloping before the visa expires and then having a proper wedding later. Can your fiancee ask to leave his contract earlier? Given the economy where i'm at H2Bs have been able to leave early with no penalty... Some even left over a month ago.
I was originally going to finish 2 weeks before the visa ran out. My employer agreed to let me complete a week earlier. We're getting married the day after and hoping to have all the paperwork in the mail before the visa runs out.

At first the enormity of it all was overwhelming and it is stressful - but you'd be amazed what you can do in a short space of time. In two weeks we've been figuring out what paperwork we need, booked our wedding, booked my medical, tracked down birth certificates, told family etc...

While i've read of people getting married after the visas expired and being fine - I don't want to risk that...

Also I could be wrong but I don't think it matters what state you marry in.
think since you still have 6 weeks your fiancee should just be sure to leave on good terms with his employer... Or you get married there and stay with him till his contracts done...

The downside is I can't work while we're waiting for paperwork until the work permit shows up, but hopefully it's all going be worth it...

Good Luck!

 

[HopefulnND]

More info: not that I am witholding.. just didn't think it very relevant. But as his work is no longer doing the extensions, we are fit for time. He filed in PI for an annulment Oct 2007 and it is still pending. Which is beyond me. But that's PI. He's in the process of filing for divorce here and his wife already agreed to sign the papers as well. We are still waiting for the lawyer to finish the papers and has told him it should be done in a month. Well, we are running out of time now.

If his divorce isn't completed until end of Nov 2009 and his visa is up dec 1 2009 what then? Will he be sent home if he stays waiting to get up to me to marry and be legally wed? Does this make sense?

Please help. I need advice.