Legal Question in Immigration Law in Florida

immigration and marriage

I am currently on H1B visa here in the US & my bf is a Permanent Resident. What will my status be post marriage?My H1B visa expires Oct 2010. Do I need to go back to the Philippines if his petition is not approved by Oct 2010? What should we best do?


Asked on 2/19/08, 4:38 pm

1 Answer from Attorneys

Margaret Ioannides Law Office of Margaret Ioannides

Re: immigration and marriage

Your H-1B status should remain unchanged following marriage, assuming you continue working for your H-1B employer under the terms and conditions outlined in the H-1B petition filed on your behalf by your employer. Your permanent resident boyfriend can sponsor you for permanent residency, however, as the spouse of a permanent resident, you will fall under the backlogged Family 2A category (per March 2008 State Dept. visa bulletin-currently processing cases for Phillipine nationals filed on or before 4/15/2003). The filing of such permanent residency application by your permanent resident spouse does not give you interim status. Once he becomes a US citizen, you will be in a much better position, as you will be considered a spouse of a US citizen- for which there are no quota backlogs as an "immediate relative."

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Answered on 2/19/08, 4:56 pm


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