Hi I am in the US on a valid H1b visa, planning to get married to a US citizen this summer in EU. What documents do I need to take care of prior and after our marriage in Europe to make the marriage official in the US as well.
- Our plan is to fly to Europe get (officially) married in my home town and then travel back in a couple of weeks.
- I would not like to get stuck in Europe or be denied reentry for some unexpected reason.
- My visa is valid for more than 2 more years.
I will obtain a valid marriage license in my home country for which my fiance needs to provide:
-copy from the Register of Births
-single status certificate
-certificate by the alien's resident country that there are no impediments for the conclusion of marriage
-proof of nationality
A marriage entered into in accordance with your country's law will be recognized as a legal marriage in the United States. Make certain there are no surprise requirements in your country, as being a resident for a certain period of time, parental consent, etc.
Do you have your H-1B visa in your passport, or, did you obtain in US through change of status?
H-1B allows for dual intent, so there should not be an issue getting back in US, unless you are inadmissible for other reasons. Also, you must still be employed by the H-1B sponsor - you may want to obtain a letter from the employer confirming your continued emply. Make certain to bring the H-1B documents with you.
Consult with an immigration attorney when you return to US and your spouse is ready to file a petition for you.
If you do not have the H-1B visa , you will need to apply for one with the U.S. consulate. You also will need to have your marriage properly recorded in the country of your marriage. When you return to the U.S. you will need your birth certificate in order to adjust status. Good luck to you.
Please please please meet with a qualified experienced immigration lawyer before getting married abroad! H-1B allows for dual intent, but you may have struggles at the port of entry on your way back. Just at least have a detailed conversation first! In no way am I trying to just convince you to pay a lawyer! But you need information that is too much for an email. I don't want yo alarm you, either. You can make this work if you are fully informed. Please take the time to be fully informed
You may be qualified to apply for Adjustment of Status (AOS) if you marry in the US now, even before you travel to the EU. It takes approximately three months for the US CIS to adjudicate your AOS application. Then you can still have a traditional wedding with family and friends in Europe in the summer. That is one option that has worked very nicely clients Ofice who are in a similar situation. However, consult with a skilled immigration lawyer to assist you. There are countless issues and much complexity that can affect your case, which are not mentioned in this discussion and cannot be fully evaluated here for obvious reasons. Best wishes.
