When you landed a dream job in the U.S. on an H-1B visa, you had everything planned—career growth, financial stability, and a shot at the American dream. What you didn’t plan for? Marriage. Fast forward a few years, and you found yourself asking: What happens when an H-1B visa holder marries a U.S. citizen or a green card holder?
Your biggest concern is your visa status. Can you stay in the U.S. without employer sponsorship? Would you have to leave the country? What legal steps did you need to take? Many H-1B professionals find themselves navigating this life-changing transition.
The good news? Marriage to a U.S. citizen or green card holder opens up new immigration options. The process may seem complicated, but with the right information, you can make informed decisions about your future. Let’s break it down step by step.
Navigate Your Immigration Journey with Confidence
What’s the Dual Intent of the H-1B Visa?
Most visa categories require you to prove that you plan to return home after your stay. The H-1B visa, however, works differently. It follows a dual intent policy, meaning you can work in the U.S. while also applying for a green card. This flexibility is a game-changer for H-1B holders who marry U.S. citizens or green card holders.
Because of dual intent, you don’t have to worry about violating your visa status if you start the green card process. You can continue working without concerns about conflicting immigration intentions. This makes the transition from an H-1B visa to permanent residency smoother and more secure.
If you’re an H-1B visa holder married to a U.S. citizen, you can apply for a green card through adjustment of status without leaving the U.S. If your spouse is a green card holder, you may have to wait for visa availability before applying. Either way, dual intent protects your legal status while you move forward with your immigration journey.
Every immigration case is different. To understand your options and avoid delays, speak with The Law Offices of Sweta Khandelwal today. Our team can guide you through the process and help you make the best decision for your future.
How to Transfer from H-1B to a Green Card Through Marriage
Getting a green card through marriage is a straightforward path. While H-1B visa holders can apply for permanent residency without violating their status, following the right steps is crucial. The H-1B visa change of status marriage does not affect eligibility for this transition, but timing and paperwork must be carefully managed.
Path 1: Marriage to the U.S. Citizen
If you marry a U.S. citizen, you qualify for an immediate marriage-based green card. This is one of the fastest routes to permanent residency since there’s no annual cap on visas for spouses of U.S. citizens.
- Filing the Right Forms: The process starts with Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status). Since spouses of U.S. citizens are considered immediate relatives, you can file both forms together, skipping the visa backlog. This process is known as “concurrent filing.”
- Work Authorization: If you need work authorization while waiting for the green card, you can apply for an Employment Authorization Document (EAD) using Form I-765. This allows you to keep working while your green card application is processed.
- Advance Parole: Travel can be tricky during this process. To avoid issues, you must file Form I-131 (Application for Travel Document) before leaving the U.S.
Path 2: Marriage to a Lawful Permanent Resident (Green Card Holder)
Marrying a green card holder also makes you eligible for permanent residency, but there are some additional hurdles compared to marrying a U.S. citizen.
- Waiting for Visa Availability: Unlike immediate relatives of U.S. citizens, spouses of green card holders fall under the F2A visa category, which has a visa cap. This means you must first file Form I-130 and then wait for a visa number to become available before filing Form I-485. The wait time depends on visa bulletin updates from USCIS.
- Impact on H-1B Status: If the H-1B visa status change for marriage is ongoing, it won’t affect your eligibility, but maintaining H-1B status is essential while waiting for visa availability. Unlike spouses of U.S. citizens, you cannot file Form I-485 right away, so having valid non-immigrant status is crucial.
- Work Authorization: You must continue working under H-1B status or obtain a work permit after filing Form I-485. Spouses of green card holders cannot apply for an EAD until their priority date becomes current and Form I-485 is filed.
The right approach depends on who you marry and your visa status at the time of filing. Understanding these steps can help you avoid delays and smoothly transition to permanent residency.
Also Read: Preparing for H2A Visa Interview: Common Questions and Answers
Timing Considerations for Changing H-1B Status to Marriage Green Card
Applying at the right time can make the difference between a smooth transition and unnecessary complications. Whether you’re switching from an H-1B to a green card through marriage or dealing with the H-1B visa change of status in marriage, timing is everything.
Your H-1B visa has a maximum six-year duration, and maintaining lawful status is crucial while adjusting to a green card. If your visa is nearing expiration, you need to file for an extension or transition before your status lapses. If you leave the U.S. and reenter on an H-1B visa, you must continue working for your H-1B employer. Otherwise, you may be considered to have abandoned your adjustment application.
- Marrying a U.S. Citizen: Processing is faster, usually an average of 14.3 months from filing. You can also apply for work and travel permits while waiting.
- Marrying a Green Card Holder: An expired H-1B can create complications, making it essential to track your visa timeline. If your spouse is a green card holder, your green card application depends on visa number availability. The Department of State’s Visa Bulletin updates monthly, showing priority dates for F2A visas.
- If the priority date is current, you can file Form I-485 immediately.
- If it’s backlogged, you must wait and maintain a valid status.
Tracking these updates helps you plan your application and avoid gaps in status. The H-1B visa change of status for marriage does not impact eligibility, but your visa timeline matters.
A missed deadline can complicate your green card process. If your H-1B is close to expiring or you’re unsure about timing, get legal guidance. Contact the Law Offices of Sweta Khandelwal to ensure you apply at the right time and avoid unnecessary delays.
How to Maintain Your H-1B Status During the Green Card Process?
Your H-1B visa is tied to your sponsoring employer. Until you receive your green card, you must continue working for the same employer or transfer your H-1B to another company. If you stop working without an alternative visa or pending adjustment of status, you risk falling out of status. You can also switch to an H-4 visa if your spouse becomes a U.S. citizen or obtains an employment-based green card.
Can You Travel While Adjusting Your Status from H-1B to Green Card?
If you leave the U.S. during the green card process, re-entering can be tricky. You’ll need Advance Parole (Form I-131) to return unless you maintain valid H-1B status.
- If you have a pending I-485: Traveling without Advance Parole cancels your adjustment application.
- If you keep your H-1B active: You can re-enter the U.S. using your H-1B visa without Advance Parole.
Also Read: Transitioning from L1 Visa to EB1C Green Card: A Comparative Analysis
What are the U.S. Visa Options for Non-U.S. Spouses?
Not every spouse of an H-1B visa holder can immediately adjust their status to a green card. If you’re dealing with the H-1B visa change of status due to marriage and your spouse is outside the U.S., you may need a temporary visa to bring them into the country. Several options exist depending on your marital status and immigration plans.
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K-3 Visa: A Nonimmigrant Path for Spouses
The K-3 visa allows a spouse of a U.S. citizen to enter the U.S. while waiting for their marriage-based green card approval. This can speed up family reunification, but its use has declined since direct consular processing often moves faster.
- Requires a pending Form I-130
- Grants temporary status while waiting for a green card
- Not available if you are married to a green card holder
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CR-1 Visa: A Permanent Solution for Spouses Abroad
If your spouse lives outside the U.S., the CR-1 visa (Conditional Resident Visa) allows them to immigrate directly as a permanent resident. Unlike the K-3, this provides a green card immediately upon entry.
- Requires approval of Form I-130
- Grants a green card upon arrival
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Fiancé(e) Visa (K-1): For Couples Planning to Marry
If you are engaged but not yet married, the K-1 visa allows your fiancé(e) to enter the U.S. to marry within 90 days. After the wedding, they can apply for a green card.
- Only available for U.S. citizens marrying foreign nationals
- Requires proof of a legitimate relationship
- Faster than the CR-1 but requires an additional adjustment of the status process
Bringing your spouse to the U.S. requires careful planning. If you’re unsure which visa suits your situation, contact Sweta Khandelwal for expert guidance on the best path forward.
Preparation Tips for the Green Card Interview
The green card interview is the most critical step in transitioning from an H-1B visa through marriage. Whether you’re handling the H-1B visa change of status for marriage or planning your future in the U.S., being well-prepared can make the interview smooth and stress-free.
Required Documents for the Interview
USCIS will request several documents to verify your marriage and eligibility. Bring originals and copies of:
- Identification & Immigration Forms
- Valid passport
- I-797 (H-1B approval notice)
- Form I-94 (arrival/departure record)
- Work authorization (if applicable)
- Marriage & Relationship Evidence
- Marriage certificate
- Joint bank account statements
- Lease/mortgage documents with both names
- Photos from the wedding and daily life together
- Financial & Employment Records
- Affidavit of Support (Form I-864) from the sponsoring spouse
- Tax returns and pay stubs
- Employment verification letter
Common Green Card Interview Questions for H-1B Visa Status Change for Marriage
The interview is designed to assess the legitimacy of your marriage. Expect personal and financial questions such as:
- How did you meet your spouse?
- Who proposed, and how?
- What’s your spouse’s daily routine?
- How do you split household expenses?
- Where did you go on your last trip together?
Tips for a Successful Interview
- Be honest—USCIS officers are trained to detect inconsistencies.
- Stay calm and confident—answer questions clearly without over-explaining.
Also Read: Getting a Green Card for H-2A Temporary Agricultural Workers
Impact of Marital Status Changes on H-1B Visa
Marriage isn’t always predictable. Life events like divorce or the passing of a spouse can impact your green card process. Knowing your options can help you stay prepared.
- Divorce
If your marriage ends before your green card is approved, your immigration status depends on where you are in the process:
- Before I-130 Approval: If your spouse hasn’t yet received approval for Form I-130 (Petition for Alien Relative), the petition is automatically voided upon divorce. You’ll need to maintain H-1B status or explore alternative visa options.
- After I-130 Approval but Before Green Card Approval: The petition is still invalidated. You must rely on your H-1B employer for continued status.
- After Receiving Conditional Green Card: If you divorce within the first two years of marriage, you must file Form I-751 (Petition to Remove Conditions) with proof that the marriage was entered in good faith. Also, you need to fill out the form within 90 days before your conditional residence expires.
If your spouse and children are on H-4 visas as your dependents, their status is tied to yours. After divorce, they lose H-4 eligibility and must find another visa category or leave the U.S.
- Widowhood and Immigration Options
If your U.S. citizen or green card holder spouse passes away, different rules apply:
- Before I-130 Approval: You may be eligible to self-petition for a green card under Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant).
- After I-130 Approval: You can still apply for a green card by filing Form I-485, as long as you have been married for at least two years.
- Maintaining H-1B Status: If your green card process is disrupted, you can continue working under your H-1B visa or renew it as long as you meet the eligibility criteria.
Marital status changes can complicate immigration. If you’re unsure about your visa status after divorce or widowhood, contact The Law Offices of Sweta Khandelwal to explore your best options.
FAQs
- What is an H-1B visa, and who qualifies for it?
The H-1B visa is a nonimmigrant work visa for professionals in specialty occupations. To qualify, you need:
- A U.S. employer as a sponsor.
- At least a bachelor’s degree in a related field.
- A job that meets the prevailing wage requirements.
- Can my spouse and children join me in the U.S. while I’m on an H-1B visa?
Yes, your spouse and children (under 21) can apply for an H-4 dependent visa. Required documents include:
- Proof of marriage (for spouses) or birth certificates (for children).
- Your valid H-1B approval.
- Financial proof to support dependents.
- When can I start the green card process while on an H-1B visa?
You can apply as soon as you qualify:
- Through Marriage: Immediately if your spouse is a U.S. citizen. If they’re a green card holder, you must wait for a visa number.
- Through Employment: Your employer must file for PERM labor certification first, which can take 1–2+ years.
- How long does the H-1B to green card process take for Indian applicants?
Processing times vary based on the type of green card:
- Marriage-based green card: 12–24 months for U.S. citizen spouses, longer if marrying a green card holder.
- Employment-based green card (EB-2, EB-3): Due to country-specific visa backlogs, Indian applicants may face several years of waiting before their priority date becomes current.
- What are the basic requirements for an H-1B visa?
To qualify, you need:
- A U.S. job offer in a specialty occupation.
- At least a bachelor’s degree or equivalent.
- Sponsorship from a U.S. employer who files Form I-129 with USCIS.
Navigate Your Immigration Journey with Confidence
Conclusion
If you’re unsure about when to apply, how to maintain your status, or which forms to file, professional legal guidance can make all the difference. Whether you’re marrying a U.S. citizen, waiting for a priority date, or planning your green card interview, having an experienced attorney on your side ensures a hassle-free transition.
A missed deadline or an incorrect filing can cost you time and legal status. If you’re ready to start your application, Contact the Law Offices of Sweta Khandelwal today for expert guidance. Every case is unique, and legal guidance can help you avoid unnecessary setbacks. Sweta Khandelwal provides tailored solutions for your immigration journey. The Law Offices of Sweta Khandelwal can help you stay on track and avoid unnecessary complications. Reach out today!
Disclaimer
Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.
