Immigrant intent means that you entered the U.S. with the intention of staying permanently. When entering on a visitor visa, TN visa, or an H-1B visa, you must not have had this intent. Adjusting status is only an option if your desire to stay arose after you arrived in the U.S.

Departing the U.S. before an Advance Parole document is granted will result in the abandonment and automatic denial of the pending I-131 application if you have a marriage-based Adjustment of Status pending unless you have a valid H-1B stamp.

If you are on an H-1B visa, there is no reason you can’t get married to a US citizen as long as you honor the immigration laws and procedures that apply to most non-immigrants transitioning to an immigrant visa (marriage-based Green Card). The following are some important considerations to keep in mind:

USCIS has been experiencing unprecedented delays this year in 2018 due to new immigration policies and procedures that have changed the way we now advise our clients. These changes directly impact when a marriage case should be filed, how travels have to be carefully planned, and when an arriving immigrant can begin working and also maintain their employment status after filing for family based Adjustment of Status.