I am on a valid H1B stamp and my fiance is a US citizen. We are planning to get married in my home country. Will I have any issues to enter the US after the marriage?
Why will it be an issue if you have your valid i797 and valid h1b visa stamp in the passport. If not then yes it's an issue
Ofcourse. The assumption is H1B visa is valid.
Valid stamp and Valid i797, no issues
If the CBP officer asks if you are married, you say Yes. You are allowed dual intent on an H1B visa. So having a US citizen spouse and the immigrant intent that comes with it is not an issue. Just answer truthfully
Ok. And would it be an issue if I answer “yes” for married, but still not have the “Name of Spouse” field in my passport?
The name of a spouse on passports is only a thing in India. Most other countries don't have it. Also, there is no rule that just because I got married, I have to go get a new passport with my spouse name. You are overthinking it. First, stop that. If not, you will enter the port of entry in a nervous state. They will sense it the moment they see your face. You will only get yourself in trouble. You have a valid visa. You are entering on it. That's it. Everything else, just answer the questions truthfully without any controversial response. By the way, questioning the validity of a marriage is not the job of a CBP. They are not even qualified to ask that question, while there is a big line behind you trying to get through. It is USCIS job at the time of your GC application review. Again, if some question really comes up, just respond normally.
Depends. If you have a valid h1b stamp, you’d be fine. Else no. Just because you’re married to a US citizen doesn’t guarantee your entry
Ofcourse. I meant with a valid H1B stamp.
You’re overthinking it. Until the day you guys file for your family based GC, the marriage has no effect on your current status, H1-B. If they ask you about marital status, answer truthfully. If not, just complete your interview in the foreigner line as usual.
They won’t. It’s none of their business.
CBP can ask and check whatever they want. You surrender a bunch of rights when you get on that immigration line. If they ask, just answer with the truth. If they don’t, why offer.
Lucky bastard!
You can just use your H1B stamp. I did the same last year. The CBP congratulated me on my marriage as I still had henna on my hand.
It won't be an issue since you haven't submitted for change of status (apply for Green card). You should be on H-1B as long as you maintain that visa status. Until and unless you apply for change of visa status, your status won't change automatically.
No issues if you have a current visa stamp. Just make sure to not start the application process before coming back to USA.
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This is a question for a lawyer. Seriously, you will not get an authoritative answer from blind and this is an important and significant enough question that you should definitely pay for a consultation with an actual lawyer. A couple hundred bucks and 30 minutes later and you will know.
This is the only possible response. As an American without a passport, I do know that our immigration system is out of control and deeply irrational. Screw this up and you could catch a 10 year ban from entry. Pay the lawyer, hell, get a second opinion, and do what they tell you.
Apple, why don't you have a passport?