GC holder getting married to a H1B visa holder

[wonder2010]

I am a permanent resident of USA. I can apply for my citizenship in Dec 2010. I am engaged to a H1B visa holder. He received his H1B recently but has not traveled outside the country since then. So his passport has not been stamped with H1B visa yet.

We are hoping to get married in USA, in about a month and then travel to his native country and get his passport stamped. Once we are back in the U.S. we are hoping to file for his green card.

Will getting married here and then traveling create an issue on validity of his
H1B visa? Any help is much appreciated.
Thank you

 

[evcalyptos]

I am a permanent resident of USA. I can apply for my citizenship in Dec 2010. I am engaged to a H1B visa holder. He received his H1B recently but has not traveled outside the country since then. So his passport has not been stamped with H1B visa yet.

We are hoping to get married in USA, in about a month and then travel to his native country and get his passport stamped. Once we are back in the U.S. we are hoping to file for his green card.

Will getting married here and then traveling create an issue on validity of his
H1B visa? Any help is much appreciated.
Thank you

First of all, to travel, your H-1B should be confident that he will have no problem with visa stamping and return to the US. His attorney will best be able to counsel him on that. Be aware that even some H-1Bs will go through additional administrative processing which could delay him outside the US.

You can marry in the US, no problem.

When you both return to the US, you will be a PR, and he will be an H-1B. You may certainly petition for your spouse (form I-130) as a PR, but he may not apply for a Green Card until you are a US citizen (have taken the oath). This could be sometime in mid to late 2010.

Your concern is in the right spot.. his travel. However, marriage to a PR will not impact that. The other reasons mentioned above could.

 

[wonder2010]

Thanks

Thank you very much for your help!