Suppose you are on an H-1B visa and planning to marry a U.S. citizen or lawful permanent resident. In that case, you may be wondering about the best time to file for a marriage-based green card—especially if you have international travel plans in the near future. Should you wait to get legally married until you’re ready to file? Or can you marry now and submit your Adjustment of Status (AOS) application later without issue?
The good news is that, as an H-1B visa holder, you have dual intent, which allows flexibility in how you plan your marriage and green card process. Here’s what you need to know.
Can You Get Married and Delay Filing for a Green Card?
Yes. There is no legal requirement that you must file for Adjustment of Status immediately after marriage. Many couples wait to submit their green card application due to personal, financial, or logistical reasons. As long as your marriage is bona fide (genuine and not solely for immigration purposes), delaying the application will not negatively impact your case.
Timing Considerations: The Impact of International Travel
One of the most important factors in deciding when to file your Adjustment of Status is travel restrictions.
- Before Filing AOS: If you are on H-1B status and have valid H-1B visa stamps, you can travel internationally without issue. This means you can legally marry, continue working, and re-enter the U.S. without needing special travel permission.
- After Filing AOS: Once you submit Form I-485 (Application to Register Permanent Residence or Adjust Status), you cannot leave the U.S. unless you have received Advance Parole (Form I-131) or are re-entering on a valid H-1B visa. If you leave without Advance Parole (and without maintaining valid H-1B status), USCIS will consider your green card application abandoned, and you will have to restart the process.
If you have upcoming international travel plans, it is generally best to wait to file your AOS until after you return to the U.S. This way, you avoid complications and the risk of being unable to re-enter the country.
Should You Wait to Get Married Until You’re Ready to File?
You do not have to delay your marriage if you are not yet ready to file your green card application. You can legally marry whenever it makes sense for you, whether that is before or after your travel. The key is to ensure that when you do file for Adjustment of Status, you are prepared to remain in the U.S. without needing to travel while your application is pending.
Best Strategy for H-1B Holders Marrying a U.S. Citizen or Green Card Holder
- Decide on your marriage timing based on personal factors. You are free to get married at any time—it does not have to coincide with your green card filing.
- If you have international travel plans, wait to file AOS until after your return. This will ensure you can travel freely without worrying about Advance Parole or travel restrictions.
- Make sure your H-1B status remains valid if you plan to travel. If your visa stamp is expired, you will need a new H-1B visa to re-enter the U.S.
- When you’re ready, submit your green card application and avoid international travel until Advance Parole is approved. If you must travel, make sure you can re-enter on H-1B status to avoid abandoning your AOS application.
Final Thoughts
One of the advantages of being on an H-1B visa is that you have more flexibility in timing your green card process compared to other visa holders. Since H-1Bs allow dual intent, you can marry whenever you choose, travel as needed (before filing AOS), and submit your green card application when it makes the most sense for you.
If you need guidance on navigating the marriage-based green card process as an H-1B holder, consulting an immigration attorney can help ensure a smooth and stress-free transition.
Schedule a Consultation with an Immigration Lawyer
Citations
Green Card for Immediate Relatives of U.S. Citizen
We Can Help!
If you have any questions regarding a green card through marriage while on an H1B visa, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
