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Thread: Work Visa question

  1. #1
    Hello,

    I am an American citizen and I have been dating a girl that is in the US on a work visa. I am planning to propose to her in a couple of weeks. I already know that we'll have to file for petition for fiance visa and after we are married and the fiance petition is approved, she'll have to file for an adjust of status.

    However, until then, I am wondering if it would be possible for her to quite her job and come live with me. Or would ending her employment be a violation of the work visa? Or can she simply quit and not have to worry about that until the experiation date of the visa?

    Thannks

  2. #2
    Hello,

    I am an American citizen and I have been dating a girl that is in the US on a work visa. I am planning to propose to her in a couple of weeks. I already know that we'll have to file for petition for fiance visa and after we are married and the fiance petition is approved, she'll have to file for an adjust of status.

    However, until then, I am wondering if it would be possible for her to quite her job and come live with me. Or would ending her employment be a violation of the work visa? Or can she simply quit and not have to worry about that until the experiation date of the visa?

    Thannks
    Ryan S. Johnson
    Guild of Blades Publishing Group
    http://www.guildofblades.com

  3. #3
    You won't need to file a fiancee visa because she's already present in the US. Just wait until you get married and then initiate the AOS process (I-130, Affidavit of Support, I-485, I-765, etc).

    Ending her employment will indeed cause her work visa to be revoked (unless she transfer to another company with similar job,etc). But this usually won't be a problem as long as she doesn't have the need to have a valid visa, ie: she's not planning to leave the USA until the AOS can commence.

    My advice is to hang on to the work visa until you're officially married and can start the AOS. Its much harder for someone on a work visa to restart it again from within the US in case something unfortunate happen.

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