Are you an H-1B Visa Holder Making Plans to Marry Your U.S. Citizen Fiance?

For H-1B visa holders in the United States, planning to marry a US citizen can bring up questions about the marriage green card application process and how it impacts their current immigration status and ability to work. These specific concerns include not just the timeline, but also the nuances of maintaining H-1B status during the transition to a green card. In this post, we’ll cover several narrow but crucial issues that H-1B visa holders often face, helping you navigate the marriage green card application process smoothly and with confidence.

Understanding the Marriage Green Card for H-1B Visa Holders

How does the marriage green card process work for H-1B visa holders?

If you hold an H-1B visa and plan to marry a US citizen, you’re eligible to apply for a marriage green card, which allows you to adjust your status to become a lawful permanent resident without leaving the US. One of the key benefits of the H-1B visa is that it allows for dual intent, meaning you’re permitted to pursue a green card without undermining your current non-immigrant status.

Can I continue working on my H-1B visa while my marriage green card application is pending?

Yes, as an H-1B visa holder, you can keep working under your H-1B status while your marriage-based green card application is processed. This provides stability in case of any delays, but it’s essential to stay compliant with all H-1B visa conditions. Additionally, once your green card application is filed, you may be eligible to apply for an Employment Authorization Document (EAD) based on your green card application, allowing you even more flexibility.

Evaluating USCIS Case Processing Times and Accuracy of Estimated Wait Times

How accurate is USCIS’s estimated wait time for a marriage green card?

The estimated wait times provided by USCIS are often intended as general guidelines and can fluctuate based on factors like location and application volume. For instance, New York, as a high-demand immigration hub, can sometimes have longer wait times for marriage green card processing. It’s important to check case processing times regularly on the USCIS website, but also to understand that these are subject to change and can vary. USCIS’s new portals for customers who have adjustment of status cases pending, provide estimates of processing times that are difficult to decipher. You can read about how accurate these customized processing times are here.

What factors affect marriage green card case processing times?

Several variables influence the actual case processing time:

• Field Office Demand: USCIS field offices with higher caseloads, such as those in New York, often experience longer wait times. As a NY immigration lawyer, I’ve seen marriage green card cases progress at different rates depending on the particular office handling the case.

• Case Complexity: If your case involves unique aspects, such as extended travel on H-1B or a complex marital history, it could result in a longer processing time.

• COVID-19 Delays and Backlogs: Although USCIS is working to address backlogs, generally speaking, cases may still be impacted by delays from the pandemic period even though we are no longer in the pandemic.

• USCIS Processing Standards: Changes to policies or staffing issues within USCIS can impact estimated processing times. It’s always a good idea to check the USCIS Case Processing Time page frequently for updated estimates.

Important Steps for H-1B Visa Holders Applying for a Marriage Green Card

Gathering Evidence for Your Marriage-Based Green Card

USCIS is very particular about evidence that proves the authenticity of your marriage, especially in marriage-based green card cases. H-1B visa holders should prepare:

• Proof of Joint Residence: Lease agreements, utility bills, and property documents are critical to demonstrate that you and your spouse live together.

• Financial Documents: Joint bank accounts, shared credit cards, and joint insurance policies help establish financial interdependence.

• Personal Statements and Photos: Supporting statements from friends and family, along with photos of your life together, provide additional evidence of a bona fide marriage.

Should I use an Immigration Lawyer for my Marriage Green Card application?

While it’s possible to navigate the marriage green card process on your own, working with an NY immigration lawyer can be highly beneficial. An immigration lawyer can guide you through documentation, ensure you’re compliant with both H-1B and green card regulations and help you respond effectively to any USCIS inquiries or Requests for Evidence (RFEs).

Travel Considerations for H-1B Visa Holders During the Green Card Process

Can I travel outside the US while my marriage green card is pending?

For H-1B visa holders, travel during the green card application process requires special consideration. While your H-1B visa permits re-entry to the US, you must carefully time your travel to avoid disrupting the adjustment of status process. Alternatively, you can apply for Advance Parole, which allows you to leave the US without abandoning your green card application. However, USCIS processing times for Advance Parole approvals vary, so plan well in advance if international travel is essential.

What if I need to travel for work on my H-1B visa?

If work travel is necessary, ensure you have all the required documents, including a valid H-1B visa stamp if applicable. While the H-1B visa does offer flexibility, extended or frequent travel can sometimes raise questions about your intent to remain in the US. Consulting with a New York immigration lawyer can provide you with a personalized strategy for managing work-related travel during this period.

Understanding the Risks of Marriage Green Card Denial and Implications for H-1B Holders

What could lead to a marriage green card denial?

Marriage green card applications can be denied for several reasons:

• Inadequate Evidence of Bona Fide Marriage: USCIS may deny a green card application if it believes the marriage was entered solely for immigration purposes. Proper documentation is essential to avoid this.

• Prior Immigration Violations: H-1B visa holders who have inadvertently violated the terms of their visa (e.g., unauthorized work or overstays) should address these issues before filing. With an experienced attorney, these should not be an issue. This is much different than a scenario where your employer has filed an I-140 for you where visa violations or overstays are not tolerated. That’s why H-1B visa holders prefer filing via a marriage green card instead as marriage to a US Citizen forgives all previous overstays and unauthorized work as long as the visa has not been violated. Visa violation is a whole different legal analysis.

• Documentation Discrepancies: Inconsistent or incomplete documents are common reasons for delays and denials. H-1B visa holders should ensure all documents, from tax returns to personal statements, align accurately.

How would a denial impact my H-1B visa status?

If your green card application is denied, you can generally continue working under your H-1B status as long as it remains valid. However, a denial can complicate future immigration filings, as USCIS may question your intent and compliance. While the denial itself doesn’t immediately affect your H-1B status, working with an immigration lawyer can help mitigate risks and prepare for a strong re-application if necessary.

Why Choose an Experienced NY Immigration Lawyer for Your Marriage Green Card Application?

What advantages does a New York immigration lawyer bring to H-1B holders seeking marriage green cards?

A NY immigration lawyer experienced with H-1B marriage-based cases can provide:

• Personalized Guidance: Each case is unique, and a knowledgeable lawyer can help you navigate specific challenges, especially when balancing H-1B obligations and green card requirements. We’ve been committed to providing our H-1B clients the right guidance and advice which you can read more about here in our comprehensive guide. For example, clients ask many questions such as:

  • Do I need to maintain my H-1B status while the marriage green card case is pending?

  • What happens to my H-1B if I use my EAD card? Does my H-1B get terminated?

  • Should I travel on my H-1B visa or should I use my Advance Parole?

  • What does it mean when my EAD has “Serves as I-512 Advance Parole” written on it?

  • If I receive an EAD or Advance Parole do I have to use it?

  • What if my spouse and I live in separate places and aren’t able to live together now due to my employment with my H-1B employer? I can’t leave my employer as I want to maintain my status and my employment is too far from my spouse. You can read about how this doesn’t have to affect your marriage green card case negatively here.

  • Will my H-1B employer know that I have filed for a marriage green card?

  • Will the marriage green card be faster or the employment-based I-140 since I am an Indian national and the wait times are really long? What should I expect from USCIS processing times?

  • My parent or other family member sponsored me for a green card and filed an I-130 for me. Am I still allowed to have a marriage green card case pending?

  • Am I under any obligation to notify my H-1B employer that I have a marriage green card case pending?

  • What happens to my H-1B if my marriage green card is denied?

• Documentation Expertise: With a detailed understanding of USCIS requirements, a lawyer ensures you submit a thorough, accurate application that minimizes the risk of denials and delays.

• Ongoing Support: An immigration lawyer can assist you with additional filings, such as Advance Parole, EAD applications, and responses to USCIS RFEs, making the process smoother and more predictable.

• Experience in NY processing times of marriage green card adjustment of status cases. You can read more about NYC-specific timelines and details about how each NYC county has different processing timelines here.

The marriage green card process for H-1B visa holders involves many nuances, especially regarding USCIS case processing times, eligibility, and potential risks. By understanding these specific challenges, preparing thoroughly, and seeking professional support when needed, you can maximize your chances of a smooth transition to permanent residency. For more information or personalized guidance, consult a NY immigration lawyer who specializes in H-1B marriage green card cases.

Your journey matters to us because we've been there, and we're here to help you every step of the way. Let's make your dream a reality together. With the right approach, the marriage green card process can help you build a future in the U.S. with your spouse while allowing you to achieve your immigration goals. Should you or your loved one have any questions or need representation, please do not hesitate to contact us. Although we are located in New York City we represent clients all over the 50 states of the US. Call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation. We have represented many clients with successful results even with the most difficult set of facts.