Work visa wife

[Pablo_J 0]

This is my first post here, 

I am a US citizen and am thinking about getting married to a girl from Peru. The girl was already thinking of getting a work visa to the US before I even met her. 

 
If we get married before she has a work visa would there be any issues with her getting and keeping the work visa?

If we get married after she has her work visa would there be any issues with her keeping her work visa?

With either of these two cases could there be any unforeseen consequences or would it be harder for her to get a I-485 request to change status and a green card done?

 

Thank you in advance for all of your assistance!

[Boiler 45,451]

It very much depends on which work visa she will be getting, for example two of the most common H1b and L1 are dual intent, so no issue.

[SteveInBostonI130 3,432]

You said "work visa to the US" - does this mean she is currently not in the US?  If yes, she cannot plan to file I-485.

 

Is this the same person that's from Ipanema?

[Dashinka 24,483]

19 minutes ago, SteveInBostonI130 said:

You said "work visa to the US" - does this mean she is currently not in the US?  If yes, she cannot plan to file I-485.

 

Is this the same person that's from Ipanema?

Good catch. Yes, I 485 is out.

 

As to a work visa application impacting a spousal visa application, I would refer those questions to the immigration attorney that would be handling the work visa.

[Pablo_J 0]

Thank you for your responses. If I understand it right then only certain kinds of work visa's are eligible for I-485 status changes.

 

If we couldn't do an I-485 request to change status, could we file the I-130 once she is already here in the US? 

 

(no, this is not the same person from Ipanena, idk who that is)

[Boiler 45,451]

30 minutes ago, Pablo_J said:

Thank you for your responses. If I understand it right then only certain kinds of work visa's are eligible for I-485 status changes.

 

If we couldn't do an I-485 request to change status, could we file the I-130 once she is already here in the US? 

 

(no, this is not the same person from Ipanena, idk who that is)

Only certain types of work visa allow dual intent, to immigrate.

[Boiler 45,451]

30 minutes ago, Old_Glory said:

I married my girl while on a work visa (H1B), no issue keeping my visa.

 

We both left the US and came back 6 years later with with me on a work visa (L1A), no issue getting, keeping and renewing my visa while married to an American. I filed for AOS right after my renewal.

 

I received my L1A visa within 3 weeks of application submission and was in the US with my family less than a week later. Therefore based on my own experiences, if your girl is lucky enough to be sponsored for a L1 work visa especially by a company that has a Blanket L petition then I suggest she goes for a work visa (whilst married to you or otherwise). 

One of our esteemed members laylalex did the same! Her husband is also of the Scottish persuasion.

[laylalex 7,284]

Yes, my husband came in on a L1B (blanket) while we were still dating. We needed more time to figure out our relationship, and when the opportunity came up for him at work, I told him to take it. Okay, I ordered him to.  It gave us some extra breathing room a lot of LDR couples don't get to have, and we worked on our own timeline. He even got an extension before we got married. All in all, he was in the US for over three years before the wedding. AOS was straightforward. I highly recommend this path if it is open to you.