Q: Can I live with my fiancée while on H1B visa before green card approval?

A: An H1B foreign national who was validly admitted to the USA will still be eligible for a green card based on a bona fide marriage to a US citizen in spite of moving to a work location outside of the H1B MSA

A: You don’t have to wait until your green card is approved to live with your fiancée, but you do need to be careful about how it affects your H1B requirements. The H1B visa is tied to your job, including the work location listed in your petition. If you're working remotely or planning to live in a different metropolitan area than your job location, your employer may need to file an amended petition or a Labor Condition Application (LCA) that reflects the new worksite.

If your job allows remote work and your employer is on board, it might be possible to update your H1B paperwork so you can move in with your partner before the marriage. But moving without adjusting the employment location in the visa documentation could cause compliance issues, even if your intentions are good. USCIS takes job-site accuracy seriously with H1Bs, so it’s worth addressing before making any changes.

You don’t need to be physically living together before the green card process begins, and living apart won’t hurt your application. Once you’re married and file for adjustment of status, you can live together freely as your green card will be based on your marriage—not your job. Until then, just make sure any move fits within the rules of your current visa so your future immigration plans stay on track.