Comment by proberts
15 hours ago
A work around would be to get some type of work visa (a challenge itself) and then once in the U.S. on this visa, apply for a green card based on marriage.
15 hours ago
A work around would be to get some type of work visa (a challenge itself) and then once in the U.S. on this visa, apply for a green card based on marriage.
Is this workaround applicable even if the work visa is of non-immigrant intent, like the H1B1?
Yes, for example I married my partner who was on an F1 visa, which is a non-immigrant visa, and we were able to easily adjust his status to the GC (this is faster than the K1 process)
That’s useful to know. One difference for my situation is I’d like the H1B1 holder to be able to continue working during the application, but I have heard mixed information on how feasible that is. The H1B1 needs to be renewed quite frequently but may not be renewable while you have an adjustment pending.