Getting married while on working visa?

[MedTech 0]

I am an Australian citizen with a boyfriend in America. I am planning to marry him but I am really hoping to get a job offer first and get to America through a job offer so I will have a steady income. After thinking about that, I have came up with a question. The question is, if I am in America on a work visa and my boyfriend and I decide to get married, would we need to file for a fiance visa or do we go straight to spouse visa? Thank you for your help everyone.

[Penguin_ie 5,995]

Neither, as visas are used to enter countries- if your work visa allows, you can marry and Adjust Status from work visa to greencard.

[MedTech 0]

So I can just get married without having to qualify for anything (financial proof for example)? Would I need to be in an interview or something afterwards or is it just like a regular marriage between 2 people with no visa or any of that stuff needed?

[missicy 87]

If you got married and applied for permanent residence (green card) your future husband would still have to fill out Affidavit of Support (I-864) and show that he can support you. There would be an interview that both of you would have to attend.

[Anh map 2,098]

You can't qualify for any type of fiancee or spouse visa until you meet in person. From your other posts it seems that this has not occurred.

If you gain entry to the US with a work visa and subsequently marry a US citizen you would need to have an interview and the affidavit of support from your then spouse would be required to adjust status (gain a green card). Your income (at that point) could be used as well.

[kzielu 1,149]

So I can just get married without having to qualify for anything (financial proof for example)? Would I need to be in an interview or something afterwards or is it just like a regular marriage between 2 people with no visa or any of that stuff needed?

Sure you can - if you want just to stay on your visa and leave once it expires. If you want to be a permanent resident, than it is a process like for everyone else, including affidavit of support, proof of bona fide relationship, interview, medical exam and $1.5k in filing fees.

[MedTech 0]

@Anh Map, I know that we have not met and I know that is one of the requirements. I am just trying to get everything ready in my head for the future.

Oh I see. So no specific visa is needed but the interview and proof of relationship and everything is still needed. Would the affidavit of support need to be the U.S. citizen or can it be me? Is there a difference if I got married on a green card (from employment) rather than on just a working visa?

[Harpa Timsah 13,258]

You need to try to understand the difference between "greencard" and "visa' as you are using them interchangeably, and they are not the same.

If you came to work in the US on a work visa, then you would use that status to live and work in the US as a non-resident.

There is no comparable non-resident spousal visa. You cannot live and work in the US by virtue of being married to a USC - you would need to apply for residency (greencard). You CAN do this from within the US if you are already on a non-immigrant visa (like a work visa). Yes, there are forms to fill out, but you wouldn't need a "visa" because visas are used to enter the country, and you would be already here. You would apply for residency.

You really should take this one step at a time. You haven't even met and you are working out a million contingencies. Let's not put the cart before the horse.

Every single spousal or fiance process requires a Affidavit of Support from the USC. There is no way around that requirement.

[MedTech 0]

@Harpa Timsah Yes I know the differences between a visa and a green card. I think you have misread my question. I asked if me having a green card through employment would be any different to me having a work visa. Do I still need to go through an interview and everything if I have a green card? For the Affidavit of Support, can I (the Australian citizen with a green card if I get one) be the one to sign it or does it have to be my boyfriend who signs it (US citizen)?

[Harpa Timsah 13,258]

I don't think you do understand the difference if you ask if "having a GC through employment would be any different to me having a work visa." They are hugely different (!!!).

If you get a GC through work (which starts with a certain type of work visa, takes years and requires an employer to sponsor you) then you do not need to do anything if you got married. A GC is a GC, whether it is gotten through marriage or work.

If you get a work visa, and then later adjust through marriage, yes, you will need an affidavit of support signed by the USC and have an interview and file a lot of forms. You cannot sponsor yourself.

You can add you income to your husband's Affidavit of Support, as long as it will continue from the same source after GC is obtained. There is some discretion to the form, so if by that time you had only had a job a few months, I am not sure they would count it.

[Anh map 2,098]

The likelihood of you gaining a green card through an employer with your current skill set is extremely low. A work visa may be possible if you can find an employer willing to put in the time and money to petition for a work visa.

[LIFE'SJOURNEY 970]

And getting a GC thru work, is almost like 5 to 10 years of work history. So you really should get the GC thru work out of your head if you are looking to obtain a GC quickly.

Edited August 22, 2011 by LIFE'SJOURNEY

[MedTech 0]

Oh I see. I didn't know it would take that long to receive a green card through work. While I am on my work visa, is there anything against me living with someone while I'm not married or anything like that?

[Boiler 45,767]

Oh I see. I didn't know it would take that long to receive a green card through work. While I am on my work visa, is there anything against me living with someone while I'm not married or anything like that?

Wow, that was quick.

[Harpa Timsah 13,258]

Oh I see. I didn't know it would take that long to receive a green card through work. While I am on my work visa, is there anything against me living with someone while I'm not married or anything like that?

No, the U.S. isn't Saudi Arabia. Who you sleep with, who you live with, and where you get your nails done have no bearing on your ability to maintain a work visa status.