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I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

183 points proberts | 5 comments | 17 Oct 24 16:01 UTC | HN request time: 1.057s | source

I'll be here for the few hours and then again at around 1 pm PST for another few hours. As usual, there are countless possible topics and I'll be guided by whatever you're concerned with. Please remember that I can't provide legal advice on specific cases for obvious liability reasons because I won't have access to all the facts. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my answers. Thanks!

Previous threads we've done: https://news.ycombinator.com/submitted?id=proberts.

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gr4vityWall ◴[17 Oct 24 17:12 UTC] No.41871529[source]▶
I'm a non-American Software Engineer, living outside the US. Me and my girlfriend (who's an American citizen) are seriously considering marrying and moving together next year.

Any advice or anything you recommend reading? Also, how long it typically would take until I was able to legally have a job in the US, once I move?

I have a tourist visa and traveled to the States countless times. If I go there with the intent of getting married, do I need a special visa or not, considering I can already enter legally?

Thank you for your time.

replies(3): >>41871748 #>>41871767 #>>41872978 #
1. proberts ◴[17 Oct 24 17:34 UTC] No.41871748[source]▶
This is complicated so it's important to speak with an immigration attorney before you take any steps. The better option is to apply from within the U.S. but doing this while in the U.S. as a tourist is problematic. The other path, through a U.S. Consulate abroad, raises no legal concerns but can take a very long time (compared to a U.S. based application).
replies(1): >>41871762 #
2. proberts ◴[17 Oct 24 17:35 UTC] No.41871762[source]▶
A work around would be to get some type of work visa (a challenge itself) and then once in the U.S. on this visa, apply for a green card based on marriage.
replies(1): >>41872859 #
3. shuckles ◴[17 Oct 24 19:19 UTC] No.41872859[source]▶
Is this workaround applicable even if the work visa is of non-immigrant intent, like the H1B1?
replies(1): >>41873012 #
4. mbbbb ◴[17 Oct 24 19:37 UTC] No.41873012{3}[source]▶
Yes, for example I married my partner who was on an F1 visa, which is a non-immigrant visa, and we were able to easily adjust his status to the GC (this is faster than the K1 process)
replies(1): >>41874834 #
5. shuckles ◴[17 Oct 24 23:26 UTC] No.41874834{4}[source]▶
That’s useful to know. One difference for my situation is I’d like the H1B1 holder to be able to continue working during the application, but I have heard mixed information on how feasible that is. The H1B1 needs to be renewed quite frequently but may not be renewable while you have an adjustment pending.