K Visa H1B marrying US Citizen

[guzzigyrl]

I am an English citizen working in America on my second H1B visa. The visa runs out in March 2006. My boyfriend of 2 years and I have been talking about marriage. I can't find any information on 1) the process for marriage - do we still need to apply for a fiancee visa or can we just get married and apply for adjustment of status? 2) Will I be able to continue working with my company after my H1B visa runs out if we are married and the paperwork is being processed.

Also will I be able to leave the country (for vacations) whilst the adjustment of status / residency status is in process?

Thanks in advance for you assistance.

 

[NYClex]

If you look closely in the postings in the immigration section you find all your questions have been answered before.

If you are legally in the country, in your case that basically means as long as you are allowed to stay based on your H-1B Visa you can marry and simply apply for an "adjustment of status" and an "immigration visa (green card)."

That means you do not need a fiancee visa, you do not need to leave the country and you can continue to stay and work until your green card will be issued. For working beyond the validity of the H-1B Visa you will need a "Employment Authorization" which you will apply for at the same time as you apply for the adjustment of status and the immigration visa.

But the moment your authorized stay under the H-1B terminates you have to leave the country. Then you would need a fiancee visa to reenter and marry in the US. It is therefore very important to watch the dates.

The adjustment of status process can take up to two years. While many practitioners advise not to leave the country during that time, in most cases no problems occur. But you must get permission to reenter first, a so called "advance parole." This document might take a couple of months until you get it.

You will find detailed information about this all on the USCIS website: www.immigration.gov

By the way, the English are officially Her Majesty's subjects, not citizens.

 

[muggsyj]

NYClex

Hi lex,

Why are the English known or Called "Her Majasty's Subjects?"
I don't quite like the sound of that as I am an individual, although I am born a UK citizen I don't feel that I am anyones subject.

Is this just a term or frase, or dose the monarcy feel they have a hold on the people.
I feel I am answering to one higher being and it is not the Queen. (in GOD we trust)
I feel to obide by the "rules" of the land you live should be enough and not to feel owend.

I know that was nothing to do with the original question, but the answer pulled one of my strings.

Mark.

 

[NYClex]

well, that is how it is. The English live in a monarchy, so they are subjects of their monarch.

Citizen is a word with latin roots, it comes from cives, which means the free member of a civitas, a community. Another latin word is res publica, which literally tranlated means public matter, and which is the root for "republic". Members of a public community, a republic, a called citizens.

A republic is always different from a monarchy. One interesting fact for example is that unlike the United States the United Kingdom does not have a constitution. It surely by now has some conventions and laws that govern rights and responsibilities of the subjects and the monarch, but it does not have one main document. A republic on the other hand usually always has a constitution.

The philosophical difference of course is that citizens derive their rights not from the grant of a monarch, that is why they are not "subject." As the American declaration of independence said: "we have unalienable rights given by God." The English however have their rights only by consent of the Monarch. The English actually were the first to codify this in the Magna Charta, but nevertheless their rights had to be negotiated with a monarch.

Here you can see the difference: This is how the Magna Charta begins:

John, by the grace of God, king of England, lord of Ireland, duke of Normandy and Aquitaine, and count of Anjou, to the archbishop, bishops, abbots, earls, barons, justiciaries, foresters, sheriffs, stewards, servants, and to all his bailiffs and liege subjects, greetings. Know that, having regard to God and for the salvation of our soul, and those of all our ancestors and heirs, and unto the honor of God and the advancement of his holy Church and for the rectifying of our realm, we have granted ...

The key word here is "granted." The king granted. He did not have to do it.

This is how the American declaration of independence begins:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. --That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,...

 

[muggsyj]

NYClex

Well, what can i say, bravo!

You are a most talented individual and i thank you for you insight.
It made for a great read, of which many who read will be enlightend.

Alas, I cannot admit defeat to old English tradition and I am still not happy about being addresed as a Subjet to the Queen. Don't get me wrong, I am not opposed or in anyway or feel derogatory to the system and it's laws or the monarcy and there subjects.
I am still in my eyes, not a subject and I am an individual that is under the grace of GOD.

I run my life from the constitution of being an "upright moral citizen" of the place of my birth. By paying a due obedience to the laws of any land that may for a time become my place of residance or afford my family it's protection.
The good book to my knolledge dose not state that i am a citizen and as I consider that as the unerring standard of tuth and justice and regulate my actions by the divine presepts it contains. I only owe my duty to GOD and my fellow creations, not the monarcy.

Therefore I can not let no motive cause me to swerve from my duty, violate my vows or betray my trust; but only be true and faithfull. For GOD said "In strenth this mine house will stand forever".

I hope that was not too deep and did not in anyway make you think I am extreem in my veiws. I am just, an individual trying to live my life in the best posible way and Belong to only one higher being. The word Subject, makes me feel as though someone own's a part of me, which i feel is a violation of life itself.

Thank you again lex, I am sure we could have a debate about this for a while, but I feel already i have gone off on a tangent. So i will stop there.

Will speak to you soon.

Yours sincearly

Mark.

 

[NYClex]

No, I completely understand. And as you know, reality of the political system in Great Britain is that there is a democratic system under the umbrella of an offcial monarchy. And there are many Britions who actually feel the same way as you do and do not really know why they still have a monarchy.

Be that as it may, you know what the Good Book says: Give to Ceasar what is Ceasar's and give to God what is God's. No matter if we are Ceasar's subjects, we also are citizens: "Consequently, you are no longer foreigners and aliens, but fellow citizens with God's people and members of God's household." (Ephesians 2:18-20). That citizenship counts more than any other.

 

[muggsyj]

NYClex

Thank you, for your time replying once again.

It is nice two know we are singing from the same book.
It bothers me not that England has a monarchy, I don't think either they should just be done away with. After all they did not ask to be born in to the enviorment they exsist.
The monarchy, I feel have at least some kind of grandfather rights and no doubt influence peace and good will.

Like i said before though, I have been born in an age were things have moved on and veiws have changed. I did not get a great start in life and feel everything i have achived and worked for over the years, was though no help from the "system" but a fundimentle belief that if some supreem was watching down on me I would be ok.

I think this thread should stop now, but I am very sure we will speak again soon.
Take care lex, it is ALWAYS a pleasure to talk to you.

Yours truly

Mark.