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Thread: Marrying F1 holder before H1B stamping

  1. #1

    Marrying F1 holder before H1B stamping

    Hello,

    I've been in a relationship with an F1 holder for 8 months now and we have decided to get married in August. He is currently on an F1 visa but his stamping for the H1b visa is in October. He has graduated already and has been working for a company for over 4 months now. If we get married now before the H1b visa stamping..will there be a problem? I'm going to apply for change of status the day after our marriage so that there is no problem with him staying here and working here. Just not sure which way to go, should he go for stamping before married, or if he doesn't go for stamping and marry me first, will he be okay to stay here? Thanks for any questions you have..

  2. #2
    butterflywings - first of all congratulations and best wishes in advance! This looks to me very straightforward thing. Don't see problem eitherway - especially since he has earned a US degree has a valid job offer. He can choose to stamp H1 and come back or get married and then get a GC immediately and meanwhile continue on EAD or H1.

    All the very best!

    Quote Originally Posted by butterflywings View Post
    Hello,

    I've been in a relationship with an F1 holder for 8 months now and we have decided to get married in August. He is currently on an F1 visa but his stamping for the H1b visa is in October. He has graduated already and has been working for a company for over 4 months now. If we get married now before the H1b visa stamping..will there be a problem? I'm going to apply for change of status the day after our marriage so that there is no problem with him staying here and working here. Just not sure which way to go, should he go for stamping before married, or if he doesn't go for stamping and marry me first, will he be okay to stay here? Thanks for any questions you have..
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

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