H2B, marriage, staying in the US....

[VisaSaurus 0]

First off I don't know if this should go into the Work Visa forum or here...please forgive me if wrong.

 

Me (US Citizen) and my fiance (Honduran) have been together for almost 9 months now.  We have been working on preparing our K1 Visa application (not submitted) when he got approved for a 6-month H2B work visa.  He is now in the US working at the same job he worked at last Summer when we met.  I have visited him twice in Honduras as well as the US.  Some of his family and coworkers have told him that we could get married and he would be able to stay legally while paperwork is processed.  I love him and would marry him today if it doesn't complicate or ruin any future chances of a green card.

 

We want to get married while he is here on the H2B visa.  Is this a bad idea? 

 

I have so many questions!

 

1. What would the process change to from the K1?

2. Could he travel back and forth (sick parent) at all back to Honduras during this time?

 

Advice and suggestions are appreciated.  Thanks!

[Boiler 45,499]

K1 is the worst option.

 

You could marry and file to adjust, but he would be looking at 9 months before he can travel.

 

Or marry and go the Consulate route, maybe 18 months before he can enter with an immigrant visa.

 

Edited July 20, 2023 by Boiler

[Mike E 11,739]

13 minutes ago, VisaSaurus said:

We want to get married while he is here on the H2B visa.  Is this a bad idea?

It depends on the following …

13 minutes ago, VisaSaurus said:

 

I have so many questions!

 

1. What would the process change to from the K1?

Just get married, file an I-485 package. For good housekeeping you can include the I-129F receipt and a note to cancel the I-129F. 

13 minutes ago, VisaSaurus said:

 

2. Could he travel back and forth (sick parent) at all back to Honduras during this time?

According to my read of https://fam.state.gov/FAM/09FAM/09FAM040210.html practically speaking no.

 

Per that link, it seems H2-B is not dual intent. So once I-485 is filed, leaving the U.S. means I-485 is canceled. And because he has expressed immigration intent, his H-2B visa is at a high risk being canceled at the port of entry.

 

He can file I-765 and I-131 to get a work permit and travel document (advance parole - AP), with I-485 but these take over a year, usually. Once he departs the U.S., and enters on his AP, his H2-B status is gone. He would then have to work using his I-485-based EAD. 

 

 

[VisaSaurus 0]

Thank you for the responses and info.  

 

I guess my bigger question was.....If his H2B visa expires in Nov 2023 but we get married in October 2023 should he still return to Honduras or could he stay while we file for the AOS?

[Boiler 45,499]

2 minutes ago, VisaSaurus said:

Thank you for the responses and info.  

 

I guess my bigger question was.....If his H2B visa expires in Nov 2023 but we get married in October 2023 should he still return to Honduras or could he stay while we file for the AOS?

He can stay but the sooner you marry and file the sooner he can travel.

[VisaSaurus 0]

1 minute ago, Boiler said:

He can stay but the sooner you marry and file the sooner he can travel.

Got it!  He is still within his first 90 days so we are going to wait that out first and do the right thing as best we can. Thank you.

[Boiler 45,499]

If you want to wait fine, you do not have to.

[Mike E 11,739]

19 minutes ago, VisaSaurus said:

Got it!  He is still within his first 90 days so we are going to wait that out first and do the right thing as best we can. Thank you.

There is no 90 day rule

[kiwibean 48]

And I just wanted to emphasize that once you file to adjust from within the US he can't travel until the AP is approved.  I don't know how long that is taking currently, but it's months and months.  So if something happened to his parent in that time he'd be not able to leave (well, he could leave, he just couldn't come back again).  You could also marry and not file any paperwork yet, if the sick parent is at a critical stage.  You'd be married, and he'd be on his H-2B and nothing would change*

(*I'd take others advice on this too - by marrying alone you shouldn't show immigration intent so should still be fine on the H2-B.  I believe!)

[beloved_dingo 1,976]

6 hours ago, VisaSaurus said:

Got it!  He is still within his first 90 days so we are going to wait that out first and do the right thing as best we can. Thank you.

You do not have to wait 90 days. If someone has told you about a "90 day rule", they are wrong. It's a very persistent myth. 

[Chancy 6,241]

*** Moved from K1 Process & Procedures to AOS from Work/Student/Tourist Visas forum -- OP's fiance is already in the US, considering staying after marriage ***

 

On 7/19/2023 at 9:25 PM, VisaSaurus said:

I love him and would marry him today if it doesn't complicate or ruin any future chances of a green card.

 

Then marry him today and file the I-130, I-485, I-131, I-765 as soon as you have a valid marriage certificate.  As others mentioned, there's no need to wait 90 days.  The sooner you two file that I-485 package, the better his chances of getting that AP sooner to travel outside the US without jeopardizing his GC application.  After his biometrics appointment, he may also request an expedite for his I-131 AP processing to visit his sick parent.  No guarantee it will be approved, but it wouldn't hurt his case to request one.