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H1b To Green Card (marriage) - Travelling Abroad And Name Change

Discussion in 'How to start the green card process' started by Isa B, Jun 12, 2015.

  1. Isa B

    Isa B New Member

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    Hi,

    I am a H1B holder (valid until 2018). I will be marrying a U.S. citizen next year, and we want to have the religious ceremony in Brazil. The church requires that we marry in the civil first, so we plan on doing that before the overseas celebration.

    Is that possible that we get married on the civil in the US, travel to Brazil one month later to do the religious, and come back? I am concerned in regards to my ability to leave and come back as H1B (then married). Would I have to update my passport and visa stamp right away (with my new married name0, or could I do that upon my return to the US?

    I would plan on filing for the adjustment of status after our return to the U.S.

    Look forward to hearing from you.

    Thanks.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The H1B category is dual intent, so marriage to a U.S. citizen won't be a problem. As long as you have a valid H1B visa, you may travel while your AOS is pending
     
  3. Isa B

    Isa B New Member

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    How does it work with the change name? Do I need to change my name right away, or could I go out of the country, and change my name on passport and all further documents when returning?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You can change your passport after you return.
     
  5. Isa B

    Isa B New Member

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    So that would not be a problem for me to travel with the maiden name on passport and sticker, even though I will be legally married in the US already (for about 1 month)?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Correct. It will not be a problem.
     
  7. Isa B

    Isa B New Member

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    Hi Ron,

    My concern is in regards to the name change on the passport and visa. If we got married and I changed my last name (in January next year) and my H1B stamp and passport are on my maiden name, how do I update my H1b visa? Do I need to do so - how is the process? I would need to leave the country for a conference in April, so I want to make sure the documents would be ok for my re-entry.
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Because this is so common, it is rarely a problem. You should carry your old passport (with visa) and your new passport. It is also a good idea to carry a copy of your marriage certificate when you travel. You don't need a new visa.
     

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