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H1-b Married To Us Citizen

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H1-b Married To Us Citizen

Postby tripp » Fri Aug 15, 2014 8:01 pm

I have been in USA on H1-B, I just switched my job and waiting for H1-B Transfer approval. I and my fiancee(US Citizen) are planning to get married(court marriage) here in USA, so that we can start my green card processing. After green card is processed we would go to India for religious ceremony.


1. Should we wait for my H1-B transfer to be approved? If yes then i can ask my employer to upgrade my H1-B Transfer for premium processing.

2. We both stay in different states, she is looking for jobs in my state. If we get married in my state, is it advisable to apply for my green card in her state(she became citizen in her state) or file green card in same state where I live?

3. We would join our financial accounts and phone bills for proof of being married and together, although we are staying in different states due to jobs. Should that be ok? If no what other supporting proofs do we need?

4. Does in which state we marry matters? I mean should we marry in my state where i live or in her state where she got her citizen ship card? Does this matter or affect anything?


You can be legally married in any state, and it makes no difference regarding sponsorship, and in any event the sponsorship paperwork is filed at a central address with the USCIS. It is also OK if you reside separately after marriage, as long there is a valid reason(employment obligations, studies, etc.) and as long as you otherwise are in a bona fide marriage, including regular communication and visits with each other and commingling of assets such as having joint bank account, credit card, utility bills, and publicly announcing that you are married(that your marriage is not a secret from family, friends, employer, etc.) General information about sponsorship is here: www.h1b1.com/Uscitizen.htm

Your H1B transfer has no bearing on the marriage and sponsorship, except that ideally you should not depart the U.S. while H1B petition is pending, so you should indeed consider asking the employer to convert the petition to premium processing.

Additional inquiries should be submitted to [email protected] or you can call 212-268-3580 during business hours.

---------- FOLLOW-UP ----------

Hi,  We are planning to have civil marriage here in USA, the marriage certificate form needs bride's name before marriage and after marriage. Now her name after marriage will change and have my name as middle name and my surname. After getting the certificate if we file all documents for my greencard we would have to give her maiden name or new name.

s: - 1. Is it preferable(in terms of smoothness and convenience of documents and procedure) to change her name on SSN card, Passport, Naturalization certificate and DMV before we file for my green card?

2. If we dont want to go thru the hassle and delay of her name changes can we go ahead with filing all green card documents with her maiden name and once we get my temporary green card we shud go for change of name for her all documents?

Besides the above question please suggest how should we go in this regard? Please suggest DO's and DON'Ts ... We are planning to go to India for traditional marriage after we are done with my green card, as right now there are lots of H1-B stamping refusal {221(g)}.
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Joined: Thu Mar 31, 2011 4:08 pm

H1-b Married To Us Citizen

Postby Joran » Mon Aug 18, 2014 6:07 pm


It is easiest for a bride to change name at time of marriage. Then all sponsorship paperwork will be completed and filed using the new name. There is no need to obtain new documents with new name prior to sponsorship paperwork filing.

Additional inquiries should be submitted to [email protected] or you can call 212-268-3580 during business hours to discuss proposal for legal representation for preparation/filing of marriage sponsorship applications and petitions.  
Posts: 53
Joined: Mon Jan 20, 2014 10:28 am

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