Can I get married on a work visa? Here us all you need to know – 2022 update

Can I get married on a work visa? Here us all you need to know - 2022 update 2
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Can I get married on a work visa? Yes it is very possible to get married to a national of the country where you work. In the United States, for instance, one can get a marriage-based green card through the HB-1 visa.

In tthis post, you will get all the details you need to know as regards the question: Can I get married on a work visa?

Can I get married on a wwork visa?

To safeguard your ability to remain in the country permanently and carry on working, if you are an H-1B holder who fell in love with and married an American or a lawful permanent resident (green card holder), you can apply for a marriage-based green card. You can eventually become a citizen of the United States if you have a green card.

Are you an H-1B visa holder who recently wed a citizen or green card holder of the United States? From the time you file until you receive your green card, Boundless can assist you with completing your full marriage-based green card application, including all necessary papers and supporting documents, independent attorney review, and customer assistance.

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The process can be complicated, and there are key changes depending on whether your spouse is a U.S. citizen or a green card holder, so it’s worth making sure you understand the process.

The H-1B visa is a “dual-intent” visa, which means that holders are permitted to enter the country with the intention of both seeking and obtaining permanent residency. This is significant because it allows H-1B visa holders to apply for green cards without fear of being accused of lying about their purposes for coming to the country.

Depending on whether you are married to a U.S. citizen or someone who has a green card, there are major differences in the specific application process and, more importantly, the H-1B to green card processing period.

Immigration documentation can be challenging. By converting all necessary government forms, including the work permit application, into short online quizzes that can be completed in about two hours, Boundless streamlines the green card application process. Find out more or get going right away!

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Can I get married on a work visa? How to switch from HB-1 work visa to Green card

To transition from an H-1B visa to a marriage green card, there are two options. Whether you marry a citizen of the United States or a person with a green card will determine which route you take.

Let’s examine each route in greater detail:

If you are married to an American citizen, route 1

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It is simple for spouses of American citizens to obtain a marriage green card. Both the family sponsorship form (Form I-130) and the green card application (Form I-485) must be submitted in order to prove your relationship.

The family sponsorship form and the green card application can both be submitted at the same time by H-1B visa holders who are married to American citizens. Concurrent filing is the procedure that facilitates expedited processing of H-1B to green card applications. For further information on how long you’ll have to wait, see the “timeline” section below.

Important: After submitting Form I-485, you must get a travel authorization before leaving the country. The United States government will consider you to have abandoned your green card application if you travel without a permit, and you will have to start the procedure over from scratch.

Obtain a work permit

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It’s usually a good idea to apply for a work permit (formally known as the “Employment Authorization Document,” or EAD), at the same time as filing your other documents due to the lengthy application procedure. You will receive your work permit soon after submitting your application for a marriage-based green card, typically within 150 days, though USCIS processing times are lengthening as a result of an increase in the volume of applications.

Can I get married on a work visa? Here us all you need to know - 2022 update 3

If you don’t have a separate work permit and your H-1B visa expires while your application for a green card is still ongoing, you will have to stop working until you are given new work authorization.

Free to submit and having no bearing on the outcome of your green card application is the work permit application (Form I-765) As a precaution in case their H-1B visa expires while they are awaiting their green card, many applicants submit work permit applications.

Boundless assists you with your whole spousal visa application for a set fee of $995, which includes all necessary papers and supporting documentation, independent attorney review, and support from the time your application is submitted until you receive your green card.

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Compared to those who marry Americans, H-1B holders who want a green card through marriage must go through a more difficult process and endure lengthier wait times.

H-1B visa holders married to green card holders must submit Form I-130, which establishes their relationship, and Form I-485, which requests a green card, much as spouses of citizens.

Concurrent filing allows spouses of green card holders to file all of their papers at once, but it does not apply to them. Instead, they must submit the paperwork for family sponsorship and then wait for a visa number to arrive. (Spouses of Americans with citizenship are given visa numbers right away; spouses of people with green cards are not.) You won’t be allowed to submit your green card application until you get a visa number.

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That results in considerable additional delays. After submitting the family sponsorship form, the majority of H-1B visa holders must wait around two years before submitting their green card application.

Important: After submitting Form I-485, you must get a travel authorization before leaving the country. The United States government will consider you to have abandoned your green card application if you travel without a permit, and you will have to reapply.

Obtain a work visa

H-1B visa holders who marry lawful permanent residents are eligible to apply for a work permit (formally known as a “Employment Authorization Document,” or EAD), at no additional expense, much like spouses of U.S. citizens. The work permit application (Form I-765), not the family sponsorship form, must be submitted with your real green card application.

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You will use your current H-1B visa to stay in the country and carry on working until you are assigned a visa number and file an application for a green card.

If H-1B visa holders wait until they have served the maximum of six years on their visas before they can apply for a green card, that could result in issues. In such circumstances, individuals will need to depart the country in order to continue the “consular processing” portion of their green card application. The applicant cannot return to the US and resume employment prior to the issuance of the green card.

It’s crucial to start the green card application process as soon as you can after getting married because there are lengthy waiting periods for spouses of Americans with green cards. Your application is likely to proceed more smoothly the longer your H-1B visa is valid.

You receive a professionally put together green card application package from Boundless, including your work permit application, in the exact style the government likes.

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How long does it take to get a work permit in Canada through marriage?

The processing time for your spouse’s open work visa application is typically between 1 and 4 months. The sponsored person may not begin employment before receiving the open work permit if they are already citizens of Canada. If you are from a nation that does not require a visa, such as the UK, US, AUS, NZ, Germany, France, and others, you can apply for an open work permit at the port of entry once you have arrived in Canada.

Can I bring my husband to Canada while on work permit?

Your spouse or common-law partner can work in Canada, in the vast majority of circumstances. To work in Canada, they would, however, typically need a work permit. They must submit their own work permit applications.

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Your spouse or common-law partner may in some circumstances be eligible to apply for an open work permit, which would enable him or her to accept any job from any employer. For additional information, read Who can apply for an open work permit?

In other situations, your spouse or common-law partner must submit an application for a work visa through a particular employer. An evaluation of the labour market’s impact may be required for the employer (LMIA). An LMIA enables an employer to employ a person for a particular position. Find out if the hiring of your spouse or common-law partner by their employer requires an LMIA.

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