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H1B visa/ American fiancé - Is the 30 60 90 day rule applicable to my situation?

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  • H1B visa/ American fiancé - Is the 30 60 90 day rule applicable to my situation?

    Dear Sir/Madam

    I would be extremely grateful for any advice on the issue outlined below.


    I am a UK citizen in the US on an H1B visa and my fiancé is American. I have been in the US for 64 days. Ideally we would like to get married as soon as possible (before the 90 days) but are prepared to wait 90 days if getting married before this would cause problems when I adjust status.

    I’d be grateful for your input on either/ both of the following questions:

    1. Is the 30 60 90 day rule relevant to my situation ie people on the H1B visa? (It sounds to me like it may be used mainly in relation to people here on the visa waiver program/ on tourist visas).

    2. Is the 30 60 90 day relevant to marriage per se or specifically to adjustment of status. For example, if I ensured that I did not apply for adjustment of status before the 90 days, would getting married before the 90 days matter?

    Any thoughts on this issue would be much appreciated.

    Many thanks.
    Immihelp Support
    No legal advice. Use at your own risk.

    Visa and Greencard Tracker

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  • #2
    If you are here on H1B visa and if you are currently maintaining that status (working for sponsoring employer), you can get married to your fiancé whenever you like. There is no problem.

    Read https://www.immihelp.com/family-based-greencard/persons-in-us.html
    Immihelp Support
    No legal advice. Use at your own risk.

    Visa and Greencard Tracker

    Visitor Medical Insurance for your visiting relatives.

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