Legal Question in Immigration Law in Texas

H1 application of married person

I am in USA on Student Visa and i just got married 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, 11:10 am

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: H1 application of married person

Thanks for the questions. Your questions are not actually related to Texas law, even though you are located in Texas, but are related to federal law. It is fine that you married name is different from your maiden name and should not affect your applications. The H asks if your married so that they can determine if you are likely to have an H4 dependents. You should specify that your spouse is already a US citizen. The H1 cap has been reached for the year. You may wish to consider applying for a marriage based adjustment instead. If you'd like the assistance of my firm we charge $1000 for a marriage based adjustment.

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Answered on 10/12/05, 11:36 am


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