Do we need to be married to go with my fiance to the USA on an HB1 visa?

Question

My fiance might take a job offer in the states (were in Canada). Do we need to get married before he applies for his visa? Looking for information (preferably from a government website) thst can help guide us.

Many thanks.

Answer 1

First, check your radical unstated assumption that government websites are either helpful or binding on the government. The next stop is www.uscis.gov; although it probably will not answer your question, it is usually useful for getting the latest forms and instructions for filling them. Shusterman.com and murthy.com are also very good sites run by immigration attorneys. Rajeev (sp?) Khanna also runs a good site.

For a substantive answer, I believe the simplest way for you to accompany your fiance is to marry him, then go with him to the embassy/consulate to get H4 visa when he gets his H1. You can get married after he gets H1 as well, but you cannot get H4 unless and until you are married. There is a separate fiance visa (K or V class visa, I think) but I don't know the rules surrounding it.

If you are Canadian citizens, you might consider Treaty National (TN) status if your jobs are on the approved list. If your fiance gets TN status, you can accompany as a dependent if you are married. If you want to work as well as live in the US, you need a separate authorization; his H1 will not let you work, nor will his TN let you work. Consider these issues before deciding to join him in the US.

Consider also when the H1 can take effect. The current fiscal year's quota was exhausted in May (July for advanced degree holders) and those approvals took effect Oct 1, 2006. Unless the position is exempt from the quota (a university job or a dept of defense job), the H1B petition cannot be filed until 04/01/2007 and cannot take effect until 10/01/2007.

Good luck!

Answer 2

Yes and it is H1B visa not HB1.

Answer 3

Yes that will show family ties,if both party are migrating