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    Geezeruk's Avatar
    Geezeruk Posts: 1, Reputation: 1
    New Member

    Mar 15, 2010, 08:33 AM
    On H1B wanting to get married abroad then apply for Green card
    Hi, I am a British Citizen here in America on a h1B visa for the last 5years. I'm having a destination wedding in May 2010 in the Caribbean Curaçao. We were planning on getting legally married over there. Will I have any problems coming back and applying for my Green card if I get married outside of the United States? Should I be considering getting married here before or after a "ceremony" wedding (don't get legally married abroad).

    Didn't know if there is more requirements if I get married abroad or if it slows my application down. My H1B expires at the end of 2010
    Thanks for all your help
    NYcityboy's Avatar
    NYcityboy Posts: 785, Reputation: 65
    Senior Member

    Mar 15, 2010, 08:47 AM


    Do you have the H-1B visa and I-94 valid beyond May 2010? If so, when you leave the US for a contiguous country or the adjacent islands for less than 30 days, you keep your I-94 for re-entry to the US. You should not have any problem with the re-entry, even as being married to a USC, as the H-1B allows for "dual intent", that is to have a nonimmigrant visa and also intend to immigrate to the US.

    From a practical point of view, (1) confirm with the carrier regarding the visa and I-94, (2) copy your I-94 and have the I-797 H-1B approval notice with you as well. I would recommend, if you are comfortable with it, to scan the bio pages of your passport, H-1B visa, I-94 (front and back) and your I-797 approval notice and email all to yourself at at email address you can access remotely, and (3) confirm with the local authorities on the timeline to get your marriage certificate.

    Always a good idea to confirm this information with the company immigration attorney. Good luck and have a great wedding (and marriage).

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