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Soon to possess H1-B and marrying US citizen

Discussion in 'College and University Faculty' started by alex24, Mar 6, 2013.

  1. alex24

    alex24 Junior Member

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    I will be very grateful for any advice/thoughts on my situation.

    I am a UK citizen currently resident in the UK. I am engaged to a US citizen and due to marry in the US this coming July.

    In the last few weeks I have been offered a university faculty position in the US, which starts in August of this year. The university employing me is slowly beginning the H1-B visa process.

    I will enter the US at the beginning of July (hopefully on my H1-B status) to marry and then begin employment.

    Is it necessary for myself or my fiancee to be completing any marriage-based immigration paperwork? Is it necessary for me to identify myself as soon to be married to a US citizen when completing the H1-B process?

    Many thanks

    Alex
     
  2. futureeb2

    futureeb2 Member

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    Re: Soon to possess H1-B and marrying US citizen

    Yes, you will have to identify your fiancee in the form DS-160 when applying for a nonimmigrant visa.

    The H1B "paperwork" has two steps: first, your future employer will file an I-129 "petition". This form does not ask any questions about whether you are engaged or not.

    Once the I-129 is approved, YOU will have to fill the online form DS-160 to apply for a visa. (A visa is not the same as a petition. The visa is the document that you carry in your passport and that allows you to apply for admission as an H1B nonimmigrant). Now, the DS-160 has the following question: Do you have any immediate relatives, not including parents, in the United States? It then defines immediate relatives as: "Means fiancé/fiancée, spouse (husband/wife), child (son/daughter), or sibling (brother/sister)." Here you answer "yes" and give his/her name.

    Once in the US and married, you can, if you so choose, apply for a green card.

    there is nothing illegal about entering with H1 and having a USC fiance/e.

    However, your proposed timeline may not work. H1Bs can only enter under that category up to 10 days before the start date of employment.
     
  3. alex24

    alex24 Junior Member

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    Re: Soon to possess H1-B and marrying US citizen

    Many thanks, futureeb2. This is incredibly valuable and appreciated advice.
    With respect to the timeline issue that you raise: would it make most sense, then, to be entering on the ESTA/visa waiver for the wedding and then departing the country again (returning to the UK) briefly before reentering on the H1-B status within the 10-day window? I assume that this would not be inappropriate?

    Again, many thanks :)
     
  4. futureeb2

    futureeb2 Member

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    Re: Soon to possess H1-B and marrying US citizen

    Just tell CBP you are coming to visit. If you tell them you are coming in on ESTA to get married it will raise all sorts of red flags - it would sound like you are trying to circumvent the Immediate Relative immigrant visa process.
     

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