AOS timings

[benkay00]

Hi,

I have a question about Adjustment of Status. I have just been approved for an H1B visa and will be entering the US for the first time on this visa on 10th April.

My fiancée is a US passport holder and UK resident and we are moving to Denver together. We are considering getting married this month before we enter the US (so she is covered on my health insurance plan). I know as an H1B holder I am allowed dual intent but my question is:

- If I am married to a US citizen and I am on H1B - do I have to change my status or can I remain on H1B visa for a while until we decide if we want to stay in the US long term?

- How quickly do I have to apply for AOS?

- if I have a 1 year H1B and can I extend the H1B rather than AOS.

- If I did marry before I arrive, would this affect my entry into the US?

- is it best to wait until I have been in the US for a while before marrying?

Many thanks
Ben

[barbarajlw]

Hi,

I have a question about Adjustment of Status. I have just been approved for an H1B visa and will be entering the US for the first time on this visa on 10th April.

My fiancée is a US passport holder and UK resident and we are moving to Denver together. We are considering getting married this month before we enter the US (so she is covered on my health insurance plan). I know as an H1B holder I am allowed dual intent but my question is:

- If I am married to a US citizen and I am on H1B - do I have to change my status or can I remain on H1B visa for a while until we decide if we want to stay in the US long term?

- How quickly do I have to apply for AOS?

- if I have a 1 year H1B and can I extend the H1B rather than AOS.

- If I did marry before I arrive, would this affect my entry into the US?

- is it best to wait until I have been in the US for a while before marrying?

Many thanks
Ben

you are both in UK right now? If you are and want to marry outside the US fine but then your wife would have to come back to the USA and file CR1 spousal visa for you. You cannot come here to the US on a H1B visa with the intent of immigration, marrying and staying as that is immigration fraud. If you AOS while you are here on H1B visa you would have to prove that you had no intent of immigrating and that the marriage just happened. Or Your wife can come back here and file 129f petition for you fiance visa K1 for you.

[benkay00]

Hi,

Thanks for the reply. This contradicts advice I have recieved from an immigration lawyer in the US.

They have told me that an H1B visa can hold dual intent. So until I decide I want to stay in the US long term I can keep my H1B status, and extend it to the maximum term if I wish, before applying for AOS.

We are both residing together in the UK at the moment. My fiancee is a UK and US passport holder. We are both arriving together on 10th April.

Ben