H1B Marriage question

[AndreaM 0]

I am a Canadian citizen and my fiance is American. I am living in the US on an H1B specialty occupation visa. We would like to get married in my home town in Canada, but were told by a border officer that doing so would result in me being barred from re-entering the US. Is this true? Couldn't we get married in Canada and then file for adjustment of status when we return to the United States?

[pushbrk 13,248]

I am a Canadian citizen and my fiance is American. I am living in the US on an H1B specialty occupation visa. We would like to get married in my home town in Canada, but were told by a border officer that doing so would result in me being barred from re-entering the US. Is this true? Couldn't we get married in Canada and then file for adjustment of status when we return to the United States?

Assuming you still have the job that keeps your H1B visa valid, of course you can. H1B is dual intent, in that it allows adjustment of status to permanent resident. Border officers don't always know what they're talking about. To avoid problems, I would give generic reasons for your visit to Canada, like visiting family. Obviously, the reason for entering the US after your marriage is to go back to your job.

[AndreaM 0]

That's great news! Unfortunately my fiance is still afraid we'll somehow end up getting turned away at the border. Can anyone else confirm the legality of this?

[pushbrk 13,248]

That's great news! Unfortunately my fiance is still afraid we'll somehow end up getting turned away at the border. Can anyone else confirm the legality of this?

While you're waiting for a more opinions, may I suggest you read the terms of your visa. Then think about how the any CBP officer would know you got married anyway. H1B visa holders are allowed to have immigrant intent. They can apply to adjust status to permanent resident and they can bring their spouses and children with them when they come here to work. It's really a no brainer when you understand the terms of the visa you already have.

[journeyman 0]

That's great news! Unfortunately my fiance is still afraid we'll somehow end up getting turned away at the border. Can anyone else confirm the legality of this?

While you're waiting for a more opinions, may I suggest you read the terms of your visa. Then think about how the any CBP officer would know you got married anyway. H1B visa holders are allowed to have immigrant intent. They can apply to adjust status to permanent resident and they can bring their spouses and children with them when they come here to work. It's really a no brainer when you understand the terms of the visa you already have.

Ditto !

[Nancy2015 2]

I am a Canadian citizen and my fiance is American. I am living in the US on an H1B specialty occupation visa. We would like to get married in my home town in Canada, but were told by a border officer that doing so would result in me being barred from re-entering the US. Is this true? Couldn't we get married in Canada and then file for adjustment of status when we return to the United States?

Assuming you still have the job that keeps your H1B visa valid, of course you can. H1B is dual intent, in that it allows adjustment of status to permanent resident. Border officers don't always know what they're talking about. To avoid problems, I would give generic reasons for your visit to Canada, like visiting family. Obviously, the reason for entering the US after your marriage is to go back to your job.

This is absolutely 100% correct.

[borealgirl 0]

You know, the officers don't always know what they are talking about, but ultimately they decide wether or not you can go back over the border. I recommend talking to a lawyer who specializes in Canadians. Honestly, it is worth the 250 dollars or so it would cost to consult. They can at least advise you as to what forms to fill out. I received a great deal of poor advice from well-intentioned people.

Whatever you do, don't travel until you get your Advance parole.

[Reba 2]

H1B visa does not require advance parole, it is a multi-entry visa valid for the time frame stamped on the visa.