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Seakittym

Can we get married in the US if he has an H1B?

By Seakittym in What Visa Do I Need - Family Based Immigration

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Seakittym Newbie

Seakittym   0

Posted
Timeline
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Thanks for reading in advance!

My SO and I met at the university we both work at. He's here on an H1B visa teaching engineering and I'm a US citizen. He is from India. We've been dating for almost 2 years and would like to get married. His mom is very sick so we want to get married in India and have a big ceremony there, but in the US we thought perhaps we should just go to the courthouse. Is that allowed? Can we get married in the USA while he has an H1B visa, then go have the big ceremony in India? I don't want to accidentally end up in prison :)

Do we have to apply for another kind of visa? It looks like the K1 not be what we need since he already lives in the US and works here. I'm so very confused.

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canadian_wife Grand Master

canadian_wife   1,822

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
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This link might be helpful for you to read through.  H1-B is a dual intent visa. 

 

https://www.uscis.gov/sites/default/files/document/foia/Nonimmigrant_Empl.pdf

 

Good luck 

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1

NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

Medical
May 4, 2009

Interview
May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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JeanneAdil Grand Master

JeanneAdil   6,514

Posted
Filed: Citizen (apr) Country: Morocco
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Posted

the 2 of you can marry in US and apply (AOS) to adjust his status

During the time u wait for his green card 

 

If u return to India to marry,  the USC needs to apply for the spouse visa

how this affects the Hb1 visa i don't know

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arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted (edited)

You two can marry in the US and have a wedding reception of your kind in the US. No issues on that. It won't affect anything for your or for your spouse's H1 B status. No other visa required.

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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