H1B Visa Marriage in the USA: Is it Possible? What are its Implications?
Please Note: This article is for your informative purposes only and should not be taken as professional legal advice. Please consult an expert visa legal advisor before you take any steps to get married in the USA.
Unlike tourist visas and other temporary visas, the H1B visa is a “dual-intent” visa, reliant on having eligible employment that also permits visa holders to seek permanent residence. Many foreigners who come to the USA on an H1B visa usually plan to return home. But true love can often get in the way of our life plans.
If you have discovered your soulmate and are an H1B visa holder getting married in the USA, you do not have to worry about changes in immigration status. However, there are some factors to consider for an H1B visa marriage.
Conditions for an H1B Marriage:
Foreigners on an H1B Visa can go for Indian Matrimony in the USA on the condition that they satisfy all the legal requirements of the state where they intend to marry.
The requirements can differ from state to state but broadly require that:
- Both partners should be of legal age, which is generally 18 years of age but may vary in some states.
- The partners are not closely related. Some states also prohibit first-cousin marriages
- Both partners are not married to anybody else.
The implications for an H1B visa holder getting married in the USA are largely dependent on the nationality and immigration/visa status of your spouse-to-be. Let’s take a look at the different scenarios and implications.
Part A – H1B Marriage with a US Citizen or Permanent Resident
If you fell in love with a US citizen or US permanent resident as an H1B visa holder, you can get married as long as you honour the immigration and state laws applicable where you intend to marry.
To get married, you must apply for a marriage license from the state county office by paying the fees, presenting the required documentation, and submitting the marriage license application. You are free to marry once you obtain the marriage license.
Once the wedding ceremony is complete, the marriage officiant shall file the marriage certificate with the appropriate country office. You will receive a certified copy of the marriage certificate within a few weeks. Getting married to a US citizen or permanent resident allows you to apply for a change of status from H1B to Marriage Green Card.
As a spouse of a US citizen, you will need to file the family sponsorship form and green card application. The H1B to Marriage Green Card process takes more time if you are marrying a US permanent resident. It is not advisable to marry a US citizen within 90 days of your arrival into the US on an H1B non-immigrant visa.
Part B – H1B Marriage with a non-US Citizen:
1 – Marrying Someone with H1B Visa.
Should you end up marrying someone with H1B visa (for example, another Indian), you and your Indian groom or Indian Bride in the USA will continue to remain bound to your visa requirements. This means that your stay in the US will rely on having eligible H1B employment.
One of the two spouses may choose to switch to H4, which is an H1B dependent visa. However, if both H1B visas expire or the H1B (with H1B spouse visa) comes to an end, both of you must leave the country.
When you retain your H1B visa working in the US for the complete six-year period, you can apply for a Green Card through Employment. If you or your Indian bride or Indian Groom in the USA is granted a green card through employment, the other can change their H1B or H1B dependent visa to ‘F2A Visa’ under ‘Green Card through Family.’
Since the F2A Visa processing time is lengthy (2-5 years or more), if you or your spouse with the green card acquires US citizenship during this time, the other can get their visa petition upgraded from F2A to CR (Conditional Residence) or IR (Immediate Relative), depending on factors such as years since marriage.
2 – Marriage with a non-US Spouse.
If you are an H1B visa holder, you can marry a non-US national. In that case, there will be two applicable visa options.
B2 Visitor Visa: If you are an H1B visa holder, you can marry a non-US national. In that case, there will be two applicable visa options.
Your fiancé(e) can prove this by presenting evidence such as lease agreements, proof of employment, letters from employers, a return ticket, and/or any evidence that shows they intend to return home. Once your wedding has taken place, your spouse should leave the US before their visa expires. To join you again, they can apply for an H4 visa (also known as H1B dependent visa) from their home country.
This scenario is a rare occurrence as the H1B visa holder usually prefers to travel to India to marry their fiancé, bringing us to our next point.
H4 Visa: Whether you have married in the US or outside, your non-US national spouse can apply for a dependent visa (H4) to join you in the states. H4 is used as a dependent visa by US citizens, permanent residents, and visa holders of H1B for spouses and children.
Your spouse’s H4 status relies on your H1B visa validity. If you need to renew your H1B, they need to renew their H4 visa. If your visa comes to an end, their H1B spouse visa will come to an end too, and both of you must leave the US. Your H4 spouse may be allowed to work in the US when they have obtained their EAD (Employment Authorisation Document).
Should you receive your green card or become a US citizen while under a valid visa, your spouse can apply for a green card through family.
Also check out: Tips for Affordable Indian Wedding in the USA
Takeaway
Finding true love is indeed a magical feeling. If you are an H1B visa holder getting married after meeting your life partner through Indian Matrimony in the USA, there’s no need to worry about any effects on your visa status as long as you comply with the laws.
Marrying a US citizen/permanent resident opens the gates for an H1B to marriage green card transition. And if you are entering into an H1B visa marriage with another H1B holder or a non-US spouse, make sure that both of you have a valid visa throughout the entire stretch of your stay in the country.
Note: This article is only for informative purposes and for your basic knowledge. It does not constitute or substitute for professional legal advice. We recommend you to take expert legal advice to discuss the process of getting married on an H1B visa while ensuring you and your spouse hold valid immigration status and all your documentation is in order.
