H1-B Canadian in the US and getting married to B1 Canadian

[yyls]

Hello all, I have a question that I'd appreciate some insights..

Me and my girlfriend are both naturalized Canadians and we are common-law partner in Canada. Recently I got a job in the US and moved to the US on H1-B. A few weeks later my girlfriend joined me in the US (she is not working) on B1 as a visitor. We do plan for her to get H4. I've also started EB1/EB2 permanent residence application for myself.

My question is whether it is okay for us to get married in the US without consequence of being alleged visa fraud. Since she came into the US as a visitor (thus with no immigration intent); but once we get married she would at sometime be added to my EB1/EB2 application (therefore with immigration intent).

My alternative would be to both fly back to Canada, get married, then enter US again (as H1-B and H4).

Thank you in advance!

 

[justinline]

Hello all, I have a question that I'd appreciate some insights..

Me and my girlfriend are both naturalized Canadians and we are common-law partner in Canada. Recently I got a job in the US and moved to the US on H1-B. A few weeks later my girlfriend joined me in the US (she is not working) on B1 as a visitor. We do plan for her to get H4. I've also started EB1/EB2 permanent residence application for myself.

My question is whether it is okay for us to get married in the US without consequence of being alleged visa fraud. Since she came into the US as a visitor (thus with no immigration intent); but once we get married she would at sometime be added to my EB1/EB2 application (therefore with immigration intent).

My alternative would be to both fly back to Canada, get married, then enter US again (as H1-B and H4).

Thank you in advance!

Talk to lawyer, I think its better to wait a little before you transfer B1 to H4, in general any status change. So your intention is not questioned for the initial entry.