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  1. #1

    Smile Working Under H-1B, How Can I Marry Someone Out of Country With No U.S. Visa

    I've been working here in US for a company for 2 years under H-1B. Also worked for their subsidiary abroad for 4 years before coming here. The company is willing to sponsor my green card as my H-1B visa is expiring soon. I have a Bachelor's of Science degree, so I should not have an issue, but I was wondering if my situation can help me out with the issue at hand?

    The individual I'd like to marry is resides out of the country and has no visa, and I'd like to know how he could get here so we can be together and get married?
    He does not have a degree or an employer here, but he's a popular photographer who owns his own studio and he would like come here and do the same.
    He has been in US before under a visa to study, but quit hallway and worked as a photographer instead.

    How can he get a visa here that would allow marriage? Or, can he get a green card through me?

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Working in Us Under H-1b, How Can I Marry Someone Out of Country With No U.S. Vis

    You can marry outside the US, and then he qualifies for an H4 visa. Unfortunately, he will not be able to work. When your employer files for your GC, he would be eventually included and receive his GC when you do.

    He should speak with an attorney to see if he has the necessary qualifications for an O-1 visa (for artists of extraodinary ability).

  3. #3

    Default Re: Working in Us Under H-1b, How Can I Marry Someone Out of Country With No U.S. Vis

    Quote Quoting T53147
    View Post
    You can marry outside the US, and then he qualifies for an H4 visa. Unfortunately, he will not be able to work. When your employer files for your GC, he would be eventually included and receive his GC when you do.

    He should speak with an attorney to see if he has the necessary qualifications for an O-1 visa (for artists of extraodinary ability).
    Would a marriage here, in US be impossible, because the government would infer some foul play and suspect us of marriage fraud to attain citizenship? Having the wedding here is rather important for us as that is the only way to have most of the family together.

    I have heard of the O-1 Visa and that is difficult to get approved for one, but that sounds like something he could use to get here. He cannot work under it?

    Thank you.

  4. #4
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Working Under H-1B, How Can I Marry Someone Out of Country With No U.S. Visa

    He cannot work as H4; O1 is a work visa.

    If he enters for marriage, he needs to leave afterwards and reenter with a proper visa rather than attempt to AOS. While he may receive AOS, filing demonstrates that he improperly entered on B2.

    If you and he are both foreign nationals, it makes no sense that you must marry in the US in order for your families to attend. Typically it would require that family members obtain or have B2 visas as well. It would be expected that yo marry either at his home or yours. Your story does not make sense.

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