Immigration Issues/Immigration Issues

Advertisement


Question
I'm sorry David I may have not elaborated further.  I mean we are both non citizen of the United States.  She applied as single for an H1b visa and was approved and we are now planning of getting married before she goes there to work.  If she is sponsored for a green card by the company she works for, what would be the problems we would encounter if she tries to get me there as a dependent? and so are the questions i asked above.

Thank you for your patience.

Sincerely,
Dan

-------------------------
Followup To
Question -
Hello David,

My fiancee just had her H1b visa approved and we plan to get married before she goes to the United States, my question is will she encounter any problems later on regarding her papers since she applied as single but will enter the US as married?

Later on, if she is offered permanent citizenship status there, will she or I for that matter encounter problems if she tries to apply for my petition?

lastly, what would be the best course of action for us in this matter?

Thank you very much for considering my question.  More power.

Dan
Answer -
Why is she coming in with an H1B when a K-1 would have been the better option under the circumstances?

As far as permanent resident status, you will need to petition for her (I-130)...permanent resident status isn't  "offered".  

Answer
Once you are married you can apply for an H4 visa...spouse of an H1.
However, the permanent resident status you are referring to is not an easy task.  your fiance MUST have abilities and education that go beyond the requirements for an H1B...and it takes years IF it is approved by CIS.  The employer may petition for her, but that is all they can do.  Whether or she qualifies is up to the US Government, not the employer.

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


David

Expertise

Immigration Law enforcement Border Patrol

Experience

30 years Immigration law enforcement/management, criminal investigations, Homeland Security including Border Patrol operations

©2016 About.com. All rights reserved.