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View Full Version : H1-B to green card via Marriage


megssk
Feb 21, 2009, 08:10 PM
Hello.

My H1-B will run out on this Septamber. I recently got engaged to an american citizen and we are going to have weding in Septamber.

Should we get married before wedding by civil service and start ajustment of status BEFORE my current visa run out? Then have a wedding?

DCcityboy
Feb 22, 2009, 06:48 AM
Always better to have maintained valid immigration status.

If there is no other problem with getting married earlier, get married and file the AOS before your H-1B expires. Certainly nothing wrong with the "big wedding" after the civil ceremony (pix good for your AOS applicaiton). Even if you miss it and marry afterwards, section 245(a) will allow approval of PR even with the I-94 overstay and unauthorized employment.

Remember, the EAD takes about 90 days to be issued so file ASAP. Also be consistent on the date you list for your wedding (civil not the ceremonial). If this was helpful, rate this answer. Good luck and congratulations!

kumarpaturiesq
Feb 26, 2009, 11:35 PM
You should not worry as the overstay will be waived by uscis, it is better to file after a ceremony as pictures of a nice wedding help at the interview

Kumar paturi esq
h1bfirm.com

megssk
Feb 27, 2009, 05:54 AM
Thank you for your reply. But the problem is, if I over stay and worked, Isn't that make me out of valid statis and give me problem later on when I apply?

DCcityboy
Feb 27, 2009, 11:53 AM
Please see the earlier replies, with marriage to a USC--the I-94 overstay and unauthorized employment are forgiven by USCIS under section 245(a).

Please consult with an experienced immigration attorney.