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crash260

I-129 in progress but in US on H-1. Can we marry?

By crash260 in Adjustment of Status from Work, Student, & Tourist Visas

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crash260 Newbie

crash260   0

Posted
Filed: K-1 Visa Country: India
 Timeline
Posted

Hello all,

I submitted a I-129f petition for my fiance in early January this year. The petition is still being processed as of today. My fiance has come to US on a H-1 visa which she had received prior last year. Would our marriage now present any problem? I have read in some places that someone coming to the US on a H-1 can have immigrant intent and that for this reason, it is okay to get married while on this visa. Can someone confirm?

Thanks.

Hypnos Grand Master

Hypnos   6,578

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

H-4 is dual intent, as you believe.

You can marry and pursue adjustment of status, but the I-129F will be voided by doing so and you won't receive the fees back. If you choose to pursue this route, formally withdrawing the I-129F prior to adjudication would be a good idea.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

baron555 Veteran

baron555   934

Posted
Filed: AOS (apr) Country: Kenya
 Timeline
Posted

Hello all,

I submitted a I-129f petition for my fiance in early January this year. The petition is still being processed as of today. My fiance has come to US on a H-1 visa which she had received prior last year. Would our marriage now present any problem? I have read in some places that someone coming to the US on a H-1 can have immigrant intent and that for this reason, it is okay to get married while on this visa. Can someone confirm?

Thanks.

Yes you can get married but she would have to leave when the H-1 expires. Prior to her leaving you would file the CR-1 petition and when the H-1 is used up or when she's ready for her Embassy interview, she'd return, interview, get that visa and return.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

Hypnos Grand Master

Hypnos   6,578

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

If they filed for AoS then no departure would be needed.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

KayDeeCee Grand Master

KayDeeCee   4,896

Posted
Filed: Citizen (apr) Country: Mexico
 Timeline
Posted

Send a notarized letter to the service center processing your I-129F and withdraw it.

You can marry and file an I-130 and I-485 concurrently. That way she will not have to leave the US after marrying you. Guide here > http://www.visajourney.com/content/i130guide2

~ Moved from K-1 Process to AOS from Work, Student & Tourist Visas - topic is AOS from H-1 ~

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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