Getting married to a US citizen

[-0-]

Hello there.

So I'm engaged to be married. I'm here on an L1-B visa which is valid until May 2014, it's a company sponsored visa and I have been here since June of last year. We are doing the church wedding thing in September of next year because we can't afford a big wedding until then. However, we would like to get married pretty soon (in a month or two) and just have the ceremony next year when we can afford it.

Can you guys help me with this? What do we need to do? Do I need to apply for a fiancee visa now, or is my L1-B still valid? Can I apply for a greencard after we are married or do I get one automatically? We are planning on getting married in New Hampshire this summer, and then having the ceremony in her home place in Tennessee next year.

Thanks in advance!

silja

Congrats!
No need for a fiance visa- visas are for entering countries, and you are already here. Once you are legally married, you will need to file for Adjustment of Status, which, in a few months, will lead to you getting a greencard.

[-0-]

Thanks

Does it matter that we aren't having the ceremony until a year after we are legally married? Should I wait until we have the ceremony before filing for the Adjustment of Status or do I need to do it as soon as I am legally married?

M5

[-0-] wrote: »

Thanks

Does it matter that we aren't having the ceremony until a year after we are legally married? Should I wait until we have the ceremony before filing for the Adjustment of Status or do I need to do it as soon as I am legally married?

Ask you company's immigration lawyers. I think you will need to change your visa once you are married. That could complicate your honeymoon if your are leaving the US.

silja

It's the legal part that matters for the greencard. No need for a big ceremony, but they will want to see evidence of "bonafide marriage", such as joint accounts, joint bills, being on eachother's life insurance, evidence you live in the same place (letters addressed to both of you etc). Photos with eachother's families are good too.

InTheTrees

Congratulations!

And welcome to the club. And to the USA...

I went through this process almost 20 years ago and the law has changed since then.

You're lucky to be here on a Work Visa, that simplifies the process because you arent in any big hurry to get the green card right?

There'll be a series of interviews (6 months? depends on where in US you are.) after you apply, where they'll determine whether your application is genuine (nothing to worry about as long as you're legit) and it'll be done, the "green" (it isnt) card arrives shortly after.

[-0-]

InTheTrees wrote: »

Congratulations!

And welcome to the club. And to the USA...

I went through this process almost 20 years ago and the law has changed since then.

You're lucky to be here on a Work Visa, that simplifies the process because you arent in any big hurry to get the green card right?

There'll be a series of interviews (6 months? depends on where in US you are.) after you apply, where they'll determine whether your application is genuine (nothing to worry about as long as you're legit) and it'll be done, the "green" (it isnt) card arrives shortly after.

Yep that's right. My visa is valid until May 2014 and my company could just get me another one / renew it if required so it's grand really.

Thanks for the advice! I'm going to contact the legal team which handled my transfer from Ireland to the states and ask them for advice as well. Once again, thanks everyone!

M5

I need to repeat, be careful where you go on honeymoon. If you leave the US and you are married your immigration status may have changed and you may have to get a visa in that country before you come back into the country...

Im not sure how that effects a L1b exactly but best to get it clarified if you are going outside the US on your honeymoon

InTheTrees

M5 wrote: »

I need to repeat, be careful where you go on honeymoon.

Vegas?

Actually I'm more of a fan of New Orleans...

[-0-]

M5 wrote: »

I need to repeat, be careful where you go on honeymoon. If you leave the US and you are married your immigration status may have changed and you may have to get a visa in that country before you come back into the country...

Im not sure how that effects a L1b exactly but best to get it clarified if you are going outside the US on your honeymoon

Thanks. We are planning on going to Fiji so I'll look into that as well.

[-0-]

Back from the honeymoon, no issues with re-entry. The border patrol guy actually extended my i-94 by 2 years which is deadly!

We are going to wait until we are married two years (July next year) before applying for my greencard. Reason for this, is that you have to reapply after two years anyway.

I'm dying to get the green card because I can't do my driving test here until I have one. Silly New Hampshire!

CompositeJohn

Congrats!

Strange you cant get a driving licence without a green card, I was issued a limited term one here in Kansas...is it legal to drive in NH for long periods on a foreign licence? Its not here and I got a ticket for it!

As for the two year wait, saves you money if you can but just to say you actually apply to lift the conditions it isn't a completely new application after two years.

lonestargirl

CompositeJohn wrote: »

As for the two year wait, saves you money if you can but just to say you actually apply to lift the conditions it isn't a completely new application after two years.

It is a new application if he's never applied before. If you are applying on the basis of marriage and have been married over 2 years you get an unconditional card upfront.

CompositeJohn

I was just addressing the mention of reapplying after two years.

What I wanted to clarify is if he applies before being married for two years he will get a green card (conditional) but he doesn't have to 'reapply' for a green card again in two years, he only has to apply to have the conditions lifted using form I-751, Petition to Remove the Conditions of Residence.

But yes if as you said if he waits until they have been married for two years before applying you get an unconditional green card and saves some money not having to get the conditions removed.

spideog7

Getting married in itself doesn't change your status whatsoever so nothing to worry about there with regard to leaving the country. Although if your visa is only valid until 2014 how do you intend to wait 2 years before applying for adjustment of status? Once your visa expires you have to leave or else remain illegally, regardless of whether or not you're married.

silja

spideog7 wrote: »

Although if your visa is only valid until 2014 how do you intend to wait 2 years before applying for adjustment of status?

This thread started in early 2012

spideog7

silja wrote: »

This thread started in early 2012

I did see that when I posted, but May 12 to May 14 is exactly 2 years and they weren't married at that time so it would still be pretty tight, given that it takes a few months to get work authorisation. Although the OP mentioned in their recent post that their I94 got extended for 2 years, not sure how that works if the visa isn't extended, maybe it was I guess?

[-0-]

spideog7 wrote: »

I did see that when I posted, but May 12 to May 14 is exactly 2 years and they weren't married at that time so it would still be pretty tight, given that it takes a few months to get work authorisation. Although the OP mentioned in their recent post that their I94 got extended for 2 years, not sure how that works if the visa isn't extended, maybe it was I guess?

I'm here on a company sponsored L1-B and they were going to extended it for a year and then I would apply for the green card. There would be no gap in my status for being legal to stay here.

Now that my I-94 was extended for two years by border patrol I can stay here legally, my company just has to update the visa on their end.

Cheers for the comments folks. I'll apply for my greencard once we've been married for two years to save myself from having to get those restrictions lifted later on.

One item of concern is my wife only works part time, earning 10k a year. I'm the big earner, so not sure she can sponsor me given that the poverty line is 12-15k. I earn close to 100k a year but I don't think they will take that into account will they? We should have around 17k in the bank by the time I apply for the green card.

spideog7

[-0-] wrote: »

I'm here on a company sponsored L1-B and they were going to extended it for a year and then I would apply for the green card. There would be no gap in my status for being legal to stay here.

Now that my I-94 was extended for two years by border patrol I can stay here legally, my company just has to update the visa on their end.

Cheers for the comments folks. I'll apply for my greencard once we've been married for two years to save myself from having to get those restrictions lifted later on.

One item of concern is my wife only works part time, earning 10k a year. I'm the big earner, so not sure she can sponsor me given that the poverty line is 12-15k. I earn close to 100k a year but I don't think they will take that into account will they? We should have around 17k in the bank by the time I apply for the green card.

As a member of the household you can use your income, you just have to supply some paperwork to indicate that your income will continue from that source after you get your paperwork sorted. I don't think its an issue, letter from your employer will probably do it.

CompositeJohn

What Spideog said.

As you are already in the US and working with a visa, just fill in your income as part of the household (assuming you live together!) on Part 6 of the I-864 form and supply evidence that your income will continue as normal after receiving PR status.

[-0-]

Lovely stuff lads. Cheers!