Getting married to US Citizen

[Sandeep 537 0]

Hi All,

Here is my current situation, as of now I am based out in India.

Visa I have are B1/B2 valid until 2016

L1B Valid till 2015.

Getting married to my fiancé (US Citizen) in NY in Nov 2013

Wedding in Indian on the 9th of Dec 2013.

My Questions are:

1. Should I apply for a K1 visa and then enter the US or should I just visit on B1 / B2 or L1 (will be visiting the US in April) and then request for a status change? I know to get the I-131 it takes about 60 days, which means we should do the court marriage no later than Sep 2013 so that we can travel to India in Dec.

2. My employer is not willing to hire me in the US as a foreign national, which means I need to apply for a status change. Once I request for the status change I can also apply for a EAD which takes about 60 / 90 days and honestly I can afford sitting on my thumbs for that all.

Thanks for all your help in advance.

[aws&ndd 103]

First of all if you already have a visa to enter the US you dont need to apply for another. Enter the US, get married, and continue with your plans to leave and have your indian wedding. Your USC husband will have to file a spousal visa for you...CR-1 visa, for you to come back to the US after you are married.

[Sandeep 537 0]

Appreciate the quick response. Ops i missed an e there (fiancée), i guess she wears the pants in the house lol.

What i was hoping to do is come a few months early and help prep for the big day. We would also like to get started on the house and everything else that we need for our future. I can work remotely but it will create a lot of problems at work. As per our travel policy i cannot spend more than 56 days in the US on B1/B2 visa in one Quarter. So that kinda gets ruled out.

[kdude1 3]

I'm not sure (I'm new to alot of this stuff) but I don't think you can get married and stay on any of those visas. I think the best option for you might be to file for a K visa (fiancee visa) and go over there to marry, then apply for advance parole so you can go back to India. Just make sure you qualify for all the requirements.

Edited February 21, 2013 by kdude1

[aws&ndd 103]

Appreciate the quick response. Ops i missed an e there (fiancée), i guess she wears the pants in the house lol.

What i was hoping to do is come a few months early and help prep for the big day. We would also like to get started on the house and everything else that we need for our future. I can work remotely but it will create a lot of problems at work. As per our travel policy i cannot spend more than 56 days in the US on B1/B2 visa in one Quarter. So that kinda gets ruled out.

Well you still have an option of a K-1 visa. Once you enter on a K-1 visa you will have 90 days to marry...its a little longer than 56 days so maybe this route is better for you. However take into consideration that the process from filing the petition to receiving the visa in hand could take as long as a year or more. Average waiting time for approval of an I-129f petition is about 6 months, and then there is the waiting at the embassy stage.

I'm not sure (I'm new to alot of this stuff) but I don't think you can get married and stay on any of those visas. I think the best option for you might be to file for a K visa (fiancee visa) and go over there to marry, then apply for advance parole so you can go back to India. Just make sure you qualify for all the requirements.

You CAN get married no matter how you come here, or on whatever visa. You CANNOT stay and adjust status unless you entered on a visa that specifically allows that. You can stay and adjust status from a K-1 visa...you CANNOT stay and adjust status from a tourist or other non-immigrant visa.

[TBoneTX 45,333]

*** Thread moved from K-1 Process forum to General Immigration Discussion -- OP is weighing alternative paths. ***

[Ippsy Pippsy 31]

There's no way AP would come through one month later... Sounds like it would be best to delay entry to the USA and use your current visa. Take (but don't show unless asked) evidence of your upcoming wedding in India and strong ties, etc. Get married in NYC, leave immediately and celebrate in India. Then file CR-1 from India. At least that would fit into your original plan.

Although I'm not clear on if you intend to end up in the US or in India. You talk about switching work visas, so maybe you do want to end up in the USA?

(And would your current employer be paying you on a US-standard payscale after you switched to the US? You might do better switching companies.)

[Harpa Timsah 13,258]

You don't have a L1b if you don't live and work in the US anymore...