What happens with my wife's H2B visa now that we're married?

[shellac 0]

I'm a US citizen and I met my wife about a year ago. She came to the United States on an H2B visa sponsored by a local agency. Her H2B visa expires in September 2009 but I'm confused about whether or not that her original visa applies now that we're married. On one hand, I've been told that her H2B visa no longer applies. On the other hand, the company that sponsored her visa tells her that she must continue to work for them through September.

Can someone shed some light on this matter?

Edited April 22, 2009 by shellac

[Philosykos 0]

You need to apply for Adjustment of Status (AOS). It will be important to make clear to USCIS that your wife was not intending to get married and stay when she entered the US on the work visa (that would be considered visa fraud). You will probably get more answers if you post this in the forum about Adjustment of Status from work and student visas. This has nothing to do with citizenship yet, that's down the road. Maybe one of the mods will move your thread.

I'm a US citizen and I met my wife about a year ago. She came to the United States on an H2B visa sponsored by a local agency. Her H2B visa expires in September 2009 but I'm confused about whether or not that her original visa applies now that we're married. On one hand, I've been told that her H2B visa no longer applies. On the other hand, the company that sponsored her visa tells her that she must continue to work for them through September.

Can someone shed some light on this matter?

[asid 0]

As Philosykos says the folks in the adj of status section will be better versed with the current timelines. Just for referance I was on an H1B when I got married in the fall of 2004 and I will have my citizenship oath in two weeks. I believe the processing times can be meaningfully quicker today than what I experienced starting in 2004. Good luck

Edited April 23, 2009 by asid

[NickD 203]

As Philosykos says the folks in the adj of status section will be better versed with the current timelines. Just for referance I was on an H1B when I got married in the fall of 2004 and I will have my citizenship oath in two weeks. I believe the processing times can be meaningfully quicker today than what I experienced starting in 2004. Good luck

I have to admit, even as a natural born USC never being involved with immigration, no need to, until I met my wife, I was totally ignorant on this subject. Had the impression I could just marry and bring her over here and live happily ever after. But she was working for an American based company and very familiar with our immigration system. Ha, after looking over all those confusing forms, which ones, and if you made just one error, they could keep my money and reject the application, elected to find the best immigration attorney possible. Now that I am familiar with, finding good attorneys, doing business on a flat rate basis, and signing a legal contract with the attorney. They can screw you if you don't.

Would suggest finding a good immigration attorney, after all the forms are filed, normally within a couple of weeks, your wife would get an AOS where based on your marriage, she will be here legally and she can also immediately apply for an EAD card to keep on working when her H2B expires and even get an SS card with that.

You better get started on this, like right now.