Legal Question in Immigration Law in Massachusetts

U.S. Citizen marrying a Taiwanese Citizen (currently H1-B visa),

I am a U.S. citizen and I will be marrying a Taiwanese citizen this year. She's currently a H1-B visa holder working in U.S. We are planning on getting married in court in Boston this May and going to Taiwan for a traditional wedding this July. She will also travel to Taiwan for two weeks in April, during this trip she will go to a U.S. consulate to change her passport stamp from F1 to H1-B. Reading from another question, I know that we can file Form I-130 and Form I-485 for her to get the permanent resident status after our marriage in the states. Is there any kind of travel restriction or waiting period that prohibit her from leaving or entering the country when we go through the application process? Her H1-B visa will expire at end of August, will she need to get her H1-B visa extended? Is it true that her H1-B visa will expire when her file the permanent resident application? We are just worried that she won't be able to travel outside of country before she gets the permanent resident application processed or approved.


Asked on 3/05/02, 1:48 pm

1 Answer from Attorneys
Darshan Thakkar Thakkar Law Office

Re: U.S. Citizen marrying a Taiwanese Citizen (currently H1-B visa),

Once a U.S. citizen (you) marries a foreign national (your fiance), the U.S. citizen must file I-130, I-485, I-765 at Boston. Generally, she will get her work permit on that same day which entitles her to work in the U.S. at any job without needing any other work visa. That same day, she will be given a date for a green card interview (which can be in a few months). The question regarding travel is a little tricky. Normally, once the I-130 and other forms are filed, the foreign national should not travel. However, INS may issue a temporary permit. You can call the INS customer service number 1-800-375-5283 and ask them for details.

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Answered on 3/05/02, 3:01 pm


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