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  1. #1
    Join Date
    Sep 2005
    Location
    immigration info
    Posts
    1

    Default Marrying an Immigrant on H-1 Visa

    Greetings,
    I'm a U.S. citizen dating a Japanese woman. I'm not savvy with all this immigration red tape, only from what she has told me. She has been here in the states for several years where she obtained a college degree. She is currently working professionally with a H-1 visa, her green card status is still pending with no signs of being approved yet. I believe the six year expiration date is up this month. She has filed an H-1 extention with her employer. She may have to leave the country at the end of this month depending on whether or not her H-1 visa will be approved as well. I don't want her to leave...this is stressing us both out tremendously!

    Also I'm not working because of an injury, I'm recieving benefits, live alone and intend to go back to school to obtain a degree right away.

    I wish to marry her, but not just because of the situation. We have talked about marrige briefly. She would like to be married, but said even getting married would be complicated with our current circumstances. She pointed something out to me about an "avidavit of support". Can I marry her even though I'm not employed, but intend to go back to school? She is financially self supportive. What are our options at this point? Will getting married solve this dilema?...can I even marry her at all? How will this affect her H-1/green card status at this point if we do, or don't marry? Will she have to leave if for some reason her H-1/green card is denied at the end of this month? The clock is ticking so to speak, I can't stand to see her streesed out over all of this immigration red tape. Please help!

    USA

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Marrying an Immigrant on H-1 Visa

    You can get married. What seems to concern your fiancée is that you wouldn't be able to provide an INS form I-864, affidavit of support, due to your limited financial means, so as to sponsor her for a family-based green card. If you attempt to secure immigration through a K-1 (fiancée) or K-3 (spouse) visa, you would need to file a Form I-864 at the time that your fiancée (or spouse) adjusts status to permanent resident.

  3. #3
    Join Date
    Aug 2005
    Location
    NY
    Posts
    163

    Default

    Hello,

    There are several issues to be considered.

    If her Labor Certification was filed prior to the beginning of her 6th year of her H-1B, she could get 7th, 8th and 9th year on her H-1B.

    Your marriage would not affect her Green Card process, unless her employer decides to withdraw LC or I-140.

    You should not worry about I-824 Affidavit - you may find joint sponsors.

    It would be advisable to conulat with an experienced immigration attorney.

    Good luck and enjoy your relationship!

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