Fiancé in US on work visa

[Wichita42 0]

Good evening all. I'm very new in looking into these questions. I would like to ask this fine woman to marry me. She came to the US on a student visa and completed a Masters in Finance. She obtained employment at a major US firm and is working there now 5 years. She has been here a total of 8 years with school included. Her work visa expires in September of 2013. The employer is supportive of being a sponsor, yet she pays the legal bills.

We are committed to each other. What is our best approach to move forward to obtain full green card status after we marry? Is this a complicated process? Given she is on a work visa yet through Sept 2013, can we be sure she doesn't have to return to China to await some bureaucratic process? Or is the US set up well in our processes to allow us to get things in order in the US?

You may have more questions and I welcome your thoughts. My oppologies to the moderators if I chose the wrong section to post. Thank you for your insight.

[Darnell 8,479]

since she holds an h1-b visa (my assumption)

then after you two marry, can file an adjustment of status pack a forms/documents to USCIS.

Adjusting from an H-1B visa is allowed, not need to leave the country.

We've a guide for that, click the word 'guides' up at the top, find the one related to your exact situation.

Good Luck !

[Wichita42 0]

since she holds an h1-b visa (my assumption)

then after you two marry, can file an adjustment of status pack a forms/documents to USCIS.

Adjusting from an H-1B visa is allowed, not need to leave the country.

We've a guide for that, click the word 'guides' up at the top, find the one related to your exact situation.

Good Luck !

Thanks Darnell, much appreciated. H-1B is correct and I would think and hope that there are processes to update that status without her having to go back to China.

[aaron2020 11,651]

Thanks Darnell, much appreciated. H-1B is correct and I would think and hope that there are processes to update that status without her having to go back to China.

There is a process for her to update her status without leaving the US. As Darnell pointed out - you marry and then file to adjust her status. Look at the Guides (button at the top of this page) for an overview of the process.

[Little_My 464]

This is the guide you should be looking at: http://www.visajourney.com/content/i130guide2

She does not have to go to China to get a GC, she can adjust her status here in the US and remain in the country throughout the process. The beauty of H1-B is that it actually allows dual intent, i.e. for a person to enter and be in the US with the intent to apply for a GC and immigrate permanently. She can also keep working on the H1-B while AOS is being processed, as long as her visa is still valid.

[Wichita42 0]

This is the guide you should be looking at: http://www.visajourney.com/content/i130guide2

She does not have to go to China to get a GC, she can adjust her status here in the US and remain in the country throughout the process. The beauty of H1-B is that it actually allows dual intent, i.e. for a person to enter and be in the US with the intent to apply for a GC and immigrate permanently. She can also keep working on the H1-B while AOS is being processed, as long as her visa is still valid.

Great support and information. Her work visa will expire in September of 2013. As long as we start the adjustment process before that time, i would want to be comfortable that she can reside with me until all is complete. Of course for normal progression of courtship, wedding and marriage...I'm trying to figure out if we need to rush. These legal processes take time I understand. We'll definitely be able to get the process started not too far off from today. Preferably in Sept or Oct. Should I worry or speed things up?

Thanks for you insight and consideration.

[Little_My 464]

As long as you file the paperwork before her H1-B expires, she will avoid overstay. Her AOS application does not have to be approved by the time the current visa expires, it just needs to be filed - once USCIS receives the application, she will enter a new period of authorized stay which keeps her in status until you have a decision on the AOS application.

If you want to make sure there are no periods she cannot work or travel, you should file the AOS papers roughly 3 months before the expiration date of her H1-B, so around May/June 2013. You have plenty of time.