K Visa Urgent H1B Visa Stamping/Married to US Citizen

[visaquestions]

I am on a H1B visa and married a US citizen a year and a half ago. We didn't file for a green card right away because my wife's family wanted us to have an official religious ceremony first in our home country (India). We are having the ceremony in the middle of June. I had my visa approved for another 3 years, and I need to get my current H1B re-stamped in Canada next week so that I can go to India. Will the fact that I am married to a US citizen make me an immigration risk and have my visa rejected?

 

[mafioso]

Yes it could be risky..........You might have to answer questions as to why you did not file. They could say you are not eligible for visas anymore due to your new status.........and need to file I-485 instead of visas......But some nice cosuls would not give you a hard time and let it fly.............It is a fifty-fifty situation. For the most part you should be okay since you have not yet filled for change of status.............However some consuls can make a big deal out of it. It is their discretion.........Talk to your immigration lawyer at your HR department on what to hold and how to proceed.

 

[visaquestions]

Thanks mafioso. i was just in halifax and it was pretty easy. the woman at the consulate even told me to go apply for my green card

 

[mafioso]

Good to know...........You would be surprised some people have had a hard time in your situation even thought most got the visa finally. Thanks for the update..