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    megssk's Avatar
    megssk Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Feb 21, 2009, 08:10 PM
    H1-B to Green card via Marriage
    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's Avatar
    DCcityboy Posts: 648, Reputation: 27
    Senior Member
    		  
    #2

    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's Avatar
    kumarpaturiesq Posts: 4, Reputation: 2
    New Member
    		  
    #3

    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's Avatar
    megssk Posts: 2, Reputation: 1
    New Member
    		  
    #4

    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's Avatar
    DCcityboy Posts: 648, Reputation: 27
    Senior Member
    		  
    #5

    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.
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