CR-1, Work Visa, can one get married after?

[MyUKLove 0]

If my boyfriend got a work visa to be in the US, could we get married after he finishes his work visa? Could we fill out the CR-1 then or are there restrictions for people on work visas? Our situation is that we are both artists and we would like to get married asap and also have him live and work here asap. I would like him to be able to work on a work visa so that we can find out if it would work out before we got married. After the work visa is up, can we get married and can he continue to live and work here? What options are there like this?

Thanks!

[lheeanne 0]

Are you talking about H1 or H2 Working Visa? CR1 Visa is a different story.

[rjp44 1]

If my boyfriend got a work visa to be in the US, could we get married after he finishes his work visa? Could we fill out the CR-1 then or are there restrictions for people on work visas? Our situation is that we are both artists and we would like to get married asap and also have him live and work here asap. I would like him to be able to work on a work visa so that we can find out if it would work out before we got married. After the work visa is up, can we get married and can he continue to live and work here? What options are there like this?

Thanks!

If he comes on a work visa you can apply for AOS to a permanent resident visa but best to wait at least 60 days before getting married, otherwise it looks like fradulent entry. The CR1 visa is for USC that marry in a foreign country and applying to bring their spouse to the U.S. The K1 visa is for bringing a fiance(e) to the U.S. for the purpose of getting married here.

[LadyJane 1]

To add to the previous post: The CR1 visa is also for couples who marry in the US, but the foreign spouse returns back to their country of origin while the visa is being processed. My husband and I married here in the USA and he returned to Canada and waited for the visa to process.

I know that you can adjust status from an H1B visa, but not sure if you can do that from other work visas (such as a J1 because it has a two-year home residency requirement). I'd suggest that you see what visa your boyfriend has and if he can adjust status from that visa.

Or, maybe the type of visa won't be relevant in the AOS process when you get married. Can anyone clarify this please?

Thanks!

[Chris@Seattle 0]

I think there is a little different question that is being asked here. I have seen it before, basically it those folks that don't wish to do the K-1 visa route and have the 90 day limit hanging over them to get married. Well intentioned folks that want a longer engagement period to get to know each other. Make sense to me. All of us want to enter into a marriage with the assurance that it will last forever.

There is no real restrictions in marrying a foreign born visa holder of any type of visa. The issue is trying to adjust the current visa type to the CR-1 or K3. Student visas have an extra hurdle since in the past they were commonly used to gain entry to the US for the purpose of getting married, so they tightened up the rules for those. I don't know if that same hurdles have been placed on the J or H1B visas.

Everyone should be aware that if you marry a non K-1 visa foriegn citizen that visa holder is still subjected to the rules of their original visa. So, while it is possible to obtain waviers and/or apply for an adjustment of status, you should be aware if the wavier and/or adjustment of status is not granted before the original visa has run out, your spouse will have to leave and wait for the CR-1 to be approved. The majority of people want their spouse to remain in the US while in limbo for the change to be approved. Understand that this is usually not possible, and just allow the process to go through the channels.

Chris from Seattle