Legal Question in Immigration Law in California

H1 application of married F1(Student Visa) holder

I am in USA on Student Visa and i just got married with PERMENENT RESIDENT here in USA .My last name is changed after marriage.So my last name on my passport,ssn and ID is whatever on my passport(Before Marriage Last Name) and on Marriage Certificate it's different.

Is there any problem in applying for H1 visa because i am married with resident of USA.

Is there any problem because of my Last Name difference in before and after marriage

Does it make any difference for single/married person applying for H1 visa(Why it is asked in H1 application whether you are Single or Married..for which purpose they use this detail..)

Thanks


Asked on 10/12/05, 1:26 pm

1 Answer from Attorneys

Larry L. Doan Law Office of Larry L. Doan

Re: H1 application of married F1(Student Visa) holder

It's still expected that most married women take their husbands' last names. Just carry the marriage certificate ready to show immigration if they question. As far as the effect of marriage on the H-1, being married by itself is not an issue. Even having an I-130 petition filed for you is not an issue because the H-1 is a "dual intent" visa. But for renewing something like a student visa, yes, having an I-130 will probably cause the renewal to be denied because it shows immigrant intent.

Larry "Liem" Doan, Esq.

Note: The above "free" response is provided for legal information only and is

not legal advice. Such advice can only be rendered after an

attorney-client relationship has been expressly established with appropriate payment of valuable consideration. If follow-up advice is desired on a particular situation, a consultation can be arranged.

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Answered on 10/12/05, 3:10 pm


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