If you’re a US citizen planning to marry someone on an H1B visa, there are some important things you need to be aware of. Navigating the immigration process can be a complicated and confusing maze of rules and regulations, but with some careful planning, patience, and a little bit of luck, you can successfully bring your loved one to the United States and start your life together. In this article, we’ll provide you with some key takeaways on this topic.

Key Takeaways

• Before you begin the immigration process, make sure you and your fiancé(e) meet all the requirements for a K-1 visa.
• Once you’re married, your spouse can apply for permanent residency, also known as a green card.
• The green card application process can be lengthy and complex, involving many forms and requirements.
• You’ll need to provide extensive documentation to support your green card application, including evidence of financial support, health insurance, and a criminal record check.
• Obtaining a green card does not automatically grant your spouse the right to work in the United States. They will need to apply for a separate work permit, which can also be a challenging process.
• It’s important to keep in mind that the H1B visa program is currently under review and subject to changes in policy or availability.

K-1 Visa Requirements

To start the immigration process, you’ll need to apply for a K-1 visa, which is also known as a fiancé(e) visa. In order to qualify for this visa, you and your fiancé(e) must meet the following requirements:

• You must be a US citizen.
• You and your fiancé(e) must both be legally free to marry (i.e., not currently married to someone else).
• You and your fiancé(e) must have met in person at least once within the past two years.
• You and your fiancé(e) must be able to demonstrate a genuine intention to marry within 90 days of your fiancé(e) entering the United States.

Once you’ve obtained a K-1 visa, your fiancé(e) will have 90 days to enter the United States and get married. After you’re married, your spouse can apply for permanent residency (i.e., a green card) and eventually become a US citizen.

Green Card Application Process

The green card application process can be long and complex, involving many different forms, fees, and requirements. Some of the key steps involved in this process include:

• Submitting an I-130 petition for alien relative form to establish your relationship with your spouse.
• Completing and submitting the I-485 adjustment of status form to apply for the green card.
• Providing extensive documentation to support your application, including evidence of financial support, health insurance, and a criminal record check.
• Attending an in-person interview with a USCIS officer to discuss your application and answer questions.

It’s important to note that the green card application process can take several months or even years to complete, and there is no guarantee that your application will be successful.

Work Permit Applications

Obtaining a green card does not automatically grant your spouse the right to work in the United States. In order to work legally, your spouse will need to apply for a separate work permit (also known as an employment authorization document or EAD).

Applying for a work permit can be a complicated and time-consuming process. Your spouse will need to submit a separate application, pay additional fees, and provide additional documentation to support their application.

Changes to H1B Visa Policy

It’s also important to keep in mind that the H1B visa program is subject to changes in policy or availability. In recent years, the number of available H1B visas has been limited, and the program has undergone increased scrutiny from immigration officials.

This means that there is no guarantee that your fiancé(e) or spouse will be able to obtain an H1B visa, even if they meet all the necessary qualifications. It’s a good idea to consult with an immigration attorney to stay up-to-date on the latest developments in this area.

Conclusion

Marrying a someone on an H1B visa can be a complicated and stressful process, but it’s important to remember that it is possible to navigate the immigration system successfully. By following the proper procedures, providing the necessary documentation, and seeking out the right legal advice, you can bring your loved one to the United States and start your new life together.

FAQ

Can my fiancé(e) or spouse work in the United States with a green card?

Yes, once your spouse has obtained a green card and becomes a permanent resident, they will be able to work legally in the United States.

Will my fiancé(e) or spouse automatically be granted a green card?

No, obtaining a green card is a complex process that involves many different requirements and qualifications. There is no guarantee that your application will be successful, and the process can take several months or even years.

Will the H1B visa program still be available in the future?

The H1B visa program is subject to changes in policy and availability, and there is no guarantee that it will continue to be available in the future. It’s a good idea to consult with an immigration attorney to stay up-to-date on the latest developments in this area.