VWP marrying a H1B visa holder
newbie
I have searched the different threads on this forum but cannot find a
clear answer. I hope somebody can help me.
I entered the USA on the VWP and stated my reason as a holiday. I had no
intention of getting married, however, my boyfriend and I decided thats
what we wanted to do because we hated being apart. He is here on an H1b
visa, so neither of us are US citizens.
What do we do now? Must I leave the USA to file for the H4? When I
entered originally I said that I didn't know anyone here because I was
scared they wouldn't admit me. Will that cause problems now?
Please Help!
--
Posted via http://britishexpats.com
leebarton
I am no lawyer, but I would guess you have to leave and he has to apply
for you on the correct visa for a wife of a h1-b. You won't be able to
adjust status and stay as far as I know, although someone will yell if I
am wrong. It could be a lenghy process too. An H1-B is a dual intent
visa... is there any chance his firm who sponsored that will sponsor him
for a green card and permanent residence.. I am just asking as that
takes a long time and may help in the future if you want to stay in the
US at the end of his h1-b time. I was looking into the possibly of an
h1-b visa or an L1 intracompany transfer visa before we decided to get
married :)
Andy Platt
from one non-immigrant category to another; it is different from adjustment
of status). You'll need to leave to get an H-4. There shouldn't be any
issues about this - someone entering the US on a visa waiver is allowed to
get married. You'll need a copy of his I-797 when filing for the
non-immigrant visa.
Andy.
--
I'm not really here - it's just your warped imagination.
"newbie" <member@british_expats.com> wrote in message
news:1000284.1...@britishexpats.com...
Folinskyinla
Originally posted by newbie
>
>
>
> Please Help!
Hi:
You have figured out the answer. You don't give the country involved,
but it should be no problem other than the delays that all consulates
are experiencing in interviewing all NIV applicants.
I hope you have not been here more than 270 days since entry.
--
Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization
Posted via http://britishexpats.com
Folinskyinla
Originally posted by Andy Platt
> Yes, you cannot change status from a visa waiver (note that change
> status is
> from one non-immigrant category to another; it is different from
> adjustment
> of status). You'll need to leave to get an H-4. There shouldn't be any
> issues about this - someone entering the US on a visa waiver is
> allowed to
> get married. You'll need a copy of his I-797 when filing for the
> non-immigrant visa.
>
> Andy.
>
> --
> I'm not really here - it's just your warped imagination.
>
> [/url]
Andy:
Although the OP holds a VWP eligible passport, I would not assume that
she is from a country where the consulate will have "no problem."
Practice really does vary -- some consulates have "no problem" with H-
4's and others readjudicate the entire damn case.
newbie
Originally posted by Folinskyinla
> Andy:
>
> Although the OP holds a VWP eligible passport, I would not assume that
> she is from a country where the consulate will have "no problem."
> Practice really does vary -- some consulates have "no problem" with
> H-4's and others readjudicate the entire damn case.
I have duel citizenship - South African and British. Obviously the VWP
was from holding a British passport.
Where would it be easier for the H4 to be processed... South Africa
or the UK?
newbie
Can I do this in Canada - It would help a lot with finances because
traveling back to the UK is very expensive.
Also, how long does the process take? I mean, it would be better to go
back home if its going to take weeks or months?
Folinskyinla
Originally posted by newbie
>
>
>
> Please Help!
Hi:
You have to apply for a visa abroad as an H-4.
amitb...@gmail.com
http://activeh1b.blogspot.in/