QUESTION

Since he is not a US citizen, after we are married, will I be able to apply for H4 dependent work visa and gain a legal status?

Asked on Oct 11th, 2016 on Immigration - New York
More details to this question:
I entered the US legally but overstayed by about 10 years. I have been dating someone for 2 years now and I want to marry my boyfriend who is working legally in the US on a H1B work permit.
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1 ANSWER

Unfortunately, you cannot benefit from a marriage to an H1B visa holder: to change your legal status in the U.S. you need to have a status; yours ended about 10 years ago. At this time, the law makes you ineligible for any status in the U.S. until you return to your country for 10 years. One exception from this rule can be granted if you marry a U.S. citizen. Other exceptions exist but they all require petitions by your U.S. citizen or permanent resident spouse, parent, or child, and are very difficult to obtain.
Answered on Nov 03rd, 2016 at 6:33 PM

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