On H1B Visa currently and getting married soon

I

ibmod

Registered Users (C)
Hi,

I graduated last year from a university here in the US, then started my OPT. I received a job offer, which I took and I am currently working with an H1B visa. My H1B is valid for another 2.5 years (expires in March 2007).

I have been here in the US long enough, and have had a girlfriend for a while. We decided to get married, which will happen next year (June 2005).

We have heard from several people that I need to start doing some kind of a paperwork before we get married. I tried to look on the USCIS website, but could not find any information on what I need to do right now.

My fiancee would really like me to get US citizenship later on, but I am not sure about that yet. I might considering a dual status later on. We want to make sure that we do all the things at the right time and the right way. My understanding is that I do not need to do anything until we are actually married.

Could someone help me out here please. What will I have to do, what papers will I have to file and when? Also what are the benefits and disadvantages of citizen vs. dual status here in the US?

Thank you.
 
Thank you for the link, but I am not sure if this really applies to my situation. I do have an H1B visa stamped in my passport, which is valid until March 2007.

From what I understand that K1 visa is only for someone who is not currenlty in the US and is engaged to a US citizen. The K1 visa allows them to then enter the US, and leaves them 90 days to get married.

This does not apply to my case I believe. We are planning to get married only in about a year (June 2005), and I am already in the US on an H1B. Do I need to get the K1 visa, even though I already have the H1B?
 
Last edited by a moderator:
yes, ama ware, I was on F1, H1 and now got my GC. Play around the link, this is for the forms you need to fill. You can also check on the USCIS website, www.uscis.gov and check on FAQ's about how to get your spouse in THE US, the forms are the same for all.
 
if she can sponsor you now

go ahead and get married and file the paperwork after you get married

make sure you both make enough money before you file. you have to meet the minimum over a 3 year period.

you do not need a fiancee visa becasue you are already in the US.

since you have a work visa that visa will still be valid even though you have establised an intent to immigrate. the work visas are so called "dual intent" visas. you are fortunate in that you can work legally while the cis does the initial processing.

my wife has no current status and therefore has to wait 90 days for that EAD.

once you are married to a US citizen you can never be illegal and subject to deportation (unless you break the law or something like that).

now to answer your question about citizenship.

first of all you don't need to think about this until you get your GC.

after that you can just stay that way forever and pay the renewal fee every 10 years.

after only 3 years after getting GC you can then apply for citizenship if you wish.

GC holders can do pretty much whatever citizens can do.

the advantages of being a citizen are that you don't have to deal with cis anymore and you can go back to your home country for as long as you wish and you will never lose your citizenship. Not so with just a GC. if you plan to leave the US for more than a year then you have to get a reentry permit. and you can stay outside the US only for up to 3 years and after that it is assumed you abandoned your status and you have to start all over again. also with citizenship you can vote (BFD) :rolleyes:

but citizenship is a big step especially if your home country does not recognize dual citizenship. the US does officially recognize dual citizenship but they don't really care as long as you show them a US passport when you leave and come back to the US. I can't imagine giving up my citizenship and abandoning the place I was born and raised regardless how much I may hate living here. Citizenship is a very personal decision that each GC holder must make on their own.
 
You must log in or register to reply here.
Top