Question on family based GC and travel to India for H1-B stamping

[bharath23]

I will be marrying my fiance soon who is a US citizen later this year. We plan to travel to India in January which would be a couple of months after the wedding. I am currently on H1-B working for a small startup. Can I start the process for the GC application and then go to India to get my H1-B stamped or will it be problem to get my H1-B stamped? Do I have better options?

[pontevecchio]

H1 is considered dual intent. Hence this by itself does not preclude getting the H1 visa. Maybe file all papers necessary after Marriage and get the AP and then travel to India.

[bharath23]

H1 is considered dual intent. Hence this by itself does not preclude getting the H1 visa. Maybe file all papers necessary after Marriage and get the AP and then travel to India.

 

Thanks for the response.

 

I am trying to understand the process of filing for family based GC. One of the form that my fiance needs to file is I-130. Along with I-130 does my fiance also need to file I-864 even if I am working? When can I file for AP in the process?

[pontevecchio]

You can use your resources if you want. PLEASE look up the USCIS site and there are DETAILED Instructions. She would file I130 and AOS/AP all in one. Why not let a lawyer file the whole thing.?.

[bharath23]

Does it matter that she wants to change her last name to mine. Should I wait for her to change the name and then apply or delay the change of last name.

[pontevecchio]

I would strongly suggest leaving her name as it is on her Passport for the time being.

 

If she has the absolute need then the steps are

 

1.Marriage Certificate

2. STATE WEBSITE for any specific instructions and where to file.

3. THEN change SSN, DL, BANK DETAILS.

 

Is it really worth your time and bother as the above steps will take a lot of time and effort.? Remember all documents need to have the same consistent name specially in these days. She can decide later on whether it is worth the effort. It is not mandatory to change your name after Marriage.